1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court convicted all of the facts charged in the instant case of violation of the anti-public law due to the first entrance in North Korea, the violation of the National Security Act due to the receipt of money and valuables on March 1963, and the violation of the anti-public law around April 1966, on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the evidence of confession or by misapprehending the bounds of the principle of free evaluation of evidence against the logical and empirical rules.

2. As to the prosecutor’s grounds of appeal, on the grounds indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the violation of the National Security Act due to the receipt of money and valuables and the attempted espionage on November 1964 among the facts charged in the instant case, and reversed the first instance judgment that convicted the Defendant of the violation of the National Security Act due to the divulgence of State secrets and the violation of the National Security Act due to the composition of an anti-government organization, and

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the legal principles as to the confession evidence, State secrets, and legitimate acts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but does not state the grounds for objection to this portion in the petition of appeal and appellate brief.

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