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(영문) 서울고등법원 2019.02.13 2018노2332

국가정보원법위반등

Text

The judgment below

The part concerning Defendant A and B (including the part not guilty in the grounds) shall be reversed.

Defendant

A and B shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) 1) misunderstanding of facts as to the violation of the Public Official Election Act and misapprehending of legal principles (related to paragraph (1) of the same Article in the original judgment), the Defendant’s National Intelligence Service (hereinafter “National Fixed Number”) after July 1, 2012

) Until now, the candidate who declared a call for the AP election by the time was not working at the ICO. At the time, only one candidate who declared a call for the AP election was not specified, and the other candidates were not yet specified. The time when AK declared a call was left from the I of the NIS, and the Defendant left the I of the NIS. Therefore, it cannot be deemed that the Defendant was formed for the purpose of promoting the election or defeat of a specific candidate in the AP election by around the time when the Defendant left the I of the I of the I of the NIS, and therefore, the I of the I of the I of the and the K Team corresponding to the cyber pending issues (hereinafter “K Team”).

(2) The lower court erred by misapprehending the legal principles or erroneous determination of facts regarding the Defendant’s functional control over the violation of the Public Official Election Act. (2) The sentence imposed by the lower court on the Defendant (one year of imprisonment and one year of qualification suspension) is too unreasonable.

B. Defendant B (Definite, misunderstanding of legal principles, and misunderstanding of legal principles) Defendant B (Definite, misunderstanding of facts, and misunderstanding of legal principles) violation of the National Intelligence Service Act (related to paragraph (1) 1 of the criminal facts in the original judgment) (i) Defendant I’s political participation activities by using the K Team were organized by high-ranking executives such as U, V, and W from March 2009.

Since March 2010, the Defendant is a subordinate employee who managed the K Team belonging to AT Team from around March 2010, it is difficult to view that there is a conspiracy between U, V, W, etc. and the Defendant.

(2) Of the list of crimes (20) in the original judgment (hereinafter all the crime list is attached to the written judgment of the court below), the remaining notice, except for section 314, 316, 318, 338, 339, 340, among the list of crimes (20) in the written judgment of the court below, shall not be deemed as the act of political intervention by the NIS or by the NIS.

B) The fact of preparing false official documents and holding false official documents (the fact of the original judgment).