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(영문) 대법원 2017.8.18.선고 2017도7862 판결

국가보안법위반(간첩)

Cases

2017Do7862 Violation of the National Security Act (Spy)

Defendant

A person shall be appointed.

Appellant

Prosecutor

Defense Counsel

Law Firm B (Attorneys B Q, C)

Judgment of the lower court

Seoul High Court Decision 2015Reno194 Decided May 11, 2017

Imposition of Judgment

August 18, 2017

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court: (a) as to the changed facts charged in this case

The court found the defendant not guilty on the ground that there was no proof.

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is just and acceptable.

As alleged in the grounds of appeal, the court below exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules.

B. There was no error by misapprehending the legal principles on admissibility and probative value.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

shall be determined.

Justices Park Jae-young

Justices Park Poe-young

Justices Kim Jae-tae

Chief Justice Lee Ki-taik

Justices Kim Jae-in

심급 사건
-서울형사지방법원 1984.2.29.선고 83고합1140
-서울고등법원 1984.6.27.선고 84노890
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