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(영문) 서울고등법원 2013.11.22 2013노2420

국가보안법위반(기타)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the facts charged in this case against the defendant is as shown in the annexed sheet.

The summary of the judgment is as follows: (a) the Defendant divingd, escaped, or espionage activities under the order of the North Korean Federation of Police Officers of anti-government organizations (hereinafter “KF”) from the first police officer of March 1972 to December 20, 1973 (hereinafter “KF”) and transferred to another public technical adviser E from the first police officer of January 1, 1974 to another public official under the order of the FF during the period from the time to December 23, 1975; (b) the Defendant transferred the locking, escape, and espionage activities from the first police officer of early April 1976 to another public official guidance officer of the Republic of Korea (hereinafter “KF”); and (c) the Defendant took over the locking, escape, communication, escape, and espionage activities from the first police officer of May 17, 1982 to the first police officer of the Republic of Korea to the other public official instruction personnel of the Republic of Korea.

(2) A summary of the grounds for appeal on the grounds of appeal is as follows: (a) the Defendant led to confession in the trial proceedings of the judgment subject to a retrial (hereinafter “the Defendant is the National Defense Security Headquarters”).

(2) The court below found the defendant guilty on the ground that there was no evidence as to the facts charged, and found the defendant guilty on the ground that there was no error of law that affected the conclusion of the judgment due to erroneous determination of facts, inasmuch as the court made a statement to the effect that the defendant's confession corresponds to the defendant's confession (the defendant has been present at a meeting of "the Q Union" which is an affiliated organization of training) at the time of the investigation. However, the court below found the defendant guilty on the ground that there was no evidence as to the facts charged, unless there was any error of law that affected the conclusion of the judgment.

3. With respect to a case on which a decision to commence a new trial has become final and conclusive, the court shall determine the level of the instance;