[국가보안법위반·반공법위반·구국가보안법위반][공1983.8.15.(710),1160]
A. The meaning of a espionage act in the crime of a espionage
(b) Degree of the corroborating evidence of the confession;
(a) In the crime of a espionage, a espionage means detecting and collecting all the confidential information which is a benefit of Korea and which is not known or confirmed to a North Korean bullying groups in accordance with the national defense policy of the Republic of Korea throughout all aspects such as politics, economy, culture and society as well as military secrets;
B. Reinforcement evidence of confession is sufficient not only as a direct evidence, but also circumstantial evidence or counter-espionage evidence if it is sufficient to recognize that the confession of the defendant is not processed, but also true.
A. Article 98 of the Criminal Act and Article 2 of the former National Security Act
A. Supreme Court Decision 80Do845 delivered on July 22, 1980, 82Do2239 delivered on November 9, 1982, 83Do1031 delivered on June 28, 1983, B. 76Do2569 delivered on September 28, 1976, and 81Do2563 delivered on December 28, 1982
Defendant
Defendant
Attorney Lee In-bok
Seoul High Court Decision 82No3168 delivered on March 24, 1983
The appeal is dismissed.
The ninety days, from among those pending trial after the appeal, shall be included in the principal sentence.
The grounds of appeal are examined.
In the crime of espionage, a espionage act is not only a military secret but also a gathering of all confidential information that is beneficial to the Republic of Korea, such as politics, economy, culture, society, etc., and that it is not known or confirmed by the North Korean defense policy group in our country. Thus, each fact at the time of the original adjudication constitutes the above confidential information and thus there is no illegality in the judgment of the court below that asked it as a crime of espionage. The evidence of the court below at the time of the judgment of the court below is sufficient not only to be a processed fact of confession, but also to the extent that it can be recognized as true, but also to the circumstantial evidence or indirect evidence. Thus, the evidence of the court below is sufficient to be a supporting evidence for the confession of the defendant. Thus, there is no violation of the rules of evidence such as the theory of lawsuit in the judgment of the court below. Examination of various circumstances that are the conditions for sentencing as shown in the records, it is not recognized that the sentence of the court below is too unreasonable.
Therefore, the appeal is dismissed, and part of the number of days pending trial after the appeal is included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices.
Justices Jeong Tae-tae (Presiding Justice)