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(영문) 광주고등법원 2013.07.18 2011재노37 (1)

국가보안법위반등

Text

The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

Reasons

1. Progression to the retrial;

A. The Defendant was prosecuted for violation of the National Security Act and violation of the anti-public law as to the facts charged, thereby committing a crime under the jurisdiction of the Gwangju District Court. On December 1, 1976, the lower court found the Defendant guilty of all the facts charged and sentenced the Defendant to imprisonment for life.

B. The Defendant appealed against the above judgment, and the Prosecutor applied for the amendment of the indictment to the indictment in the case No. 76No662, which is the appellate court, while trying to amend the indictment to the indictment as stated in the annexed indictment. The court below admitted the above case after hearing it and reversed the judgment of the court below, which found the Defendant guilty on April 12, 197. The judgment of the court below was sentenced to imprisonment with prison labor for the crimes No. 1, 2, and 3 as stated in the judgment, five years and suspension of qualification for the crimes of No. 1, 5, and 15 years and suspension of qualification for the crimes of No. 4, 5, and 6 as stated in the judgment of the court (hereinafter “the judgment of retrial”), and the judgment of the

C. After the execution of a sentence was completed, the Defendant died on June 6, 201, and on November 22, 2011, the Defendant’s child B filed a request for a retrial with this court regarding the judgment subject to a retrial.

Accordingly, the court decided to commence a retrial on October 22, 2012 pursuant to Article 420 subparagraph 7 of the Criminal Procedure Act, considering that the investigator in charge at that time illegally detained the defendant without a warrant of detention and committed a crime in the course of an investigation by assault and cruel act, and that it was proved to the extent that it will substitute a final judgment.

2. Summary of grounds for appeal by the defendant;

A. On September 30, 1971 and July 1972, the part of the violation of the public law (attached Form 1-A, 2-2) of the Defendant stated that the North Korean leader did not have a fluorial secte that he was equipped with a naval sar base in the Newan Army F, and that he was sentenced to five years of imprisonment for the crime of aiding and abetting after G returned to North Korea.” < Amended by Presidential Decree No. 10690, Jul. 30, 1972>