국가보안법위반(잠입ㆍ탈출)등
All appeals are dismissed.
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment as to the prosecutor’s appeal in light of the record, it is justifiable for the lower court to maintain the first instance judgment that acquitted the Defendant on the grounds that there is no evidence of a crime regarding the violation of the National Security Act among the facts charged in the instant case, on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of violation of the National Security Act.
In addition, the prosecutor appealed against the guilty portion of the judgment of the court below, but did not submit the grounds for objection.
2. As to the Defendant’s appeal, the Defendant did not submit a written reason for appeal within the statutory period, and even in the petition of appeal, the grounds for appeal were not stated.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.