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(영문) 서울고등법원 2013.12.20 2013노2838

국가보안법위반(목적수행)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (7 years of imprisonment, 7 years of suspension of qualifications) against the defendant is too unreasonable.

However, the fact that the defendant confessions the crime of this case and reflects it, and that the defendant has no record of punishment, etc. are favorable to the defendant.

However, while recognizing that the Defendant’s transfer of North Korean defectors to North Korean authorities would not only be subject to unfair treatment in North Korea, but also be subject to severe punishment, it is inevitable to punish the North Korean defectors in China by inducing five victims, such as North Korean soldiers and I family members, in accordance with North Korea’s order, and transfer them to North Korea, and continuously communicate with the North Korean colon while entering Korea, and it is necessary to punish the North Korean defectors in that the personal freedom and human rights of North Korea were infringed as well as threatening the existence and security of the Republic of Korea and the free democracy system.

Although the Defendant asserts that the instant crime had been led to the instant crime to protect his family members in North Korea, the Defendant’s assertion that the instant crime cannot be justified solely on the basis of the circumstance alleged by the Defendant, in light of the following: (a) although he could have easily predicted that his family members would be punished by danger at the time of his withdrawal, it caused the escape from North Korea; (b) the life and freedom of his family; and (c) North Korean defectors who sacrificed up to seven North Koreas due to the instant crime.

In addition, in the instant case, the applicable sentencing range is between five and twenty-two years, and the lower court sentenced to seven years of imprisonment near the lower court’s bottom, and in full view of all other circumstances, including the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s sentence against the Defendant.