(a) Degree of the corroborating evidence against the confession;

(b) Detection and collection of matters already reported in the Republic of Korea, and the nature of agents;

A. Reinforcement evidence of confessions is sufficient not related to the whole facts of crime, but to the extent that it can be recognized that the defendant voluntarily made a confession is not processed, but true, and such evidence is sufficient not only to direct evidence but also to indirect evidence or circumstantial evidence.

B. State secrets as stipulated in Article 4 of the National Security Act include not only simple secrets, but also all such secrets as may not be known or confirmed to the North Korean national defense bullying groups throughout various aspects such as politics, economy, culture, and society. Even if these secrets are already reported in Korea, if they become materials favorable to the North Korean bullying groups, it shall be a counter-espionage to detect and collect them.

A. Article 310 of the Criminal Procedure Act

Supreme Court Decision 85Do826 delivered on July 9, 1985, Supreme Court Decision 76Do3097 Delivered on December 14, 1976

Defendant

Defendant

Attorney Hong Sung-woo

Seoul High Court Decision 85No1394 delivered on July 27, 1985

The appeal is dismissed.

75 days of detention after an appeal shall be included in the original sentence.

The grounds of appeal by the defendant and his defense counsel are also examined.

According to the evidence cited by the court of first instance which the court below maintained, it can be sufficiently recognized that the defendant's facts were committed, and there is no reason or credibility to suspect that the confession of the defendant among each suspect interrogation protocol against the defendant prepared by the prosecutor does not appear to have been made voluntarily. In addition, there is no evidence to deem that the defendant was subject to long-term illegal confinement, assault, adviser, etc. at the investigation stage prior to transmission to the prosecutor's office, and the defendant was forced to make a statement at the investigative agency as it is, even after transfer to the prosecutor's office, and the remaining psychological fear was extended, and there is no evidence to support that there was a false confession in the state of extension of the psychological fear. Therefore, it cannot be said that the court of first instance which adopted the suspect interrogation protocol, etc.

In addition, since there is no reason to view that all materials collected by an investigative agency other than the prosecutor's office, which was the basis of conviction of the defendant, were collected by an agency without legitimate investigative authority, the theory that such materials are inadmissible evidence collected in an unlawful way cannot be accepted on the ground of the above argument. Furthermore, even if the evidence of confession does not relate to all criminal facts, it is sufficient to recognize that the defendant's voluntary confession is not processed, but is true, and such evidence is sufficient as well as indirect evidence or circumstantial evidence. In this case, it is sufficient that the defendant's voluntary confession in the prosecutor's office has been sufficiently reinforced by various evidences adopted by the first instance court, and therefore, there is no error of finding the facts only by the defendant's prosecutor's confession without supporting evidence in the judgment of the court below. Also, since Article 4 of the National Security Act does not include mere secrets, other political, economic, cultural, social, etc., and national defense groups of North Korea throughout the defense of the Republic of Korea, and even if it is included in the defendant's opinion that it is advantageous 2716.

Ultimately, the appeal is dismissed, and the part of the number of days pending trial after the appeal is to be included in the principal sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices O Sung-sung(Presiding Justice)