The inclusive crime and the starting point of the statute of limitations that have been engaged in the organization and guidance of anti-government organizations prescribed in Article 1 of the National Security Act;

The fact that the organization of anti-government organization and the leading role of anti-government organization are all-inclusive crimes, which constitute anti-government organization. This is not a continuous crime, but an immediate crime for which the criminal act is completed as a process of joining an anti-government organization, and thus, the statute of limitations is run at least from the completion of the final act that has been engaged in the guiding duty.

Article 1 of the National Security Act, Article 249 of the Criminal Procedure Act

Supreme Court Decision 4293Ma57 delivered on April 5, 1960 (Supreme Court Decision 8No45 delivered on April 5, 196, and Article 1(3)1392 of the National Security Act (Gu)

Defendant and Prosecutor

Defendant 1 and two others

Seoul District Court (70Da43257)

The judgment of the court below is reversed.

Defendant 1 shall be punished by imprisonment for life with prison labor for up to three years and six months.

One hundred-five days of detention days prior to the pronouncement of the judgment below shall be included in the sentence above to Defendant 2.

Of the facts charged in this case against Defendant 1, the facts charged in relation to the guidance duties as a member of an anti-government organization shall be acquitted.

The gist of Defendant 1 and his defense counsel's appeal was 1958.9. He returned to the court below that the defendant was not a 5th anniversary of the fact that he had been aware of the fact that he had been using the 5th anniversary of the fact that he had been using the 8th anniversary of the fact that he had been using the 5th anniversary of the fact that he had been using the 5th anniversary of the fact that he had been using the 8th anniversary of the fact that he had been using the 5th anniversary of the fact that he had been using the 5th anniversary of the fact that he had been using the 5th anniversary of the fact that he had been using the 5th anniversary of the fact that he had been using the 1st election campaign, and that he had been using the 5th anniversary of the fact that he had been using the 5th anniversary of the fact that he had been using the 5th election campaign, and that he had been using the 5th election campaign for the remaining 1st election campaign, and that he had been using the 2th of the 3th election campaign.

1) In other words, Defendant 2 was not included in the upper defendant 1, and the crime of divulging military secrets of Defendant 1 by Defendant 3 as indicated in the judgment against Defendant 1 was learned in the course of performing his duties. Thus, the crime of divulging military secrets of Defendant 1 cannot be punished as a espionage, and since it is only an empty space, Defendant 2, who is the aiding and abetting offender, can not be punished as a espionage prevention even if he was committed as a espionage prevention. However, the lower court erred by acting as a espionage prevention against Defendant 2.

2) An aiding and abetting offense constitutes a legal ground for mitigation under the general provisions of the Criminal Act, and the lower court erred by failing to reduce punishment against the Defendants.

3) Even if the Defendants aiding and abetting a domestic espionage, Defendant 1, a principal offender, did not engage in a counter-espionage activity pursuant to the aiding and abetting the Defendants, and thus, the Defendants were also not guilty despite having to have attempted a counter-espionage. The gist of the grounds of appeal No. 3 is that the prosecutor did not institute a prosecution against Defendant 3. However, the court below erred in violation of the principle of non-explication, recognizing Defendant 3 as guilty. The gist of the grounds of appeal No. 4 is from the point of appeal No. 4 to the point of the same appeal is from September 22, 198 to the 27th day of the same month. The court below found the Defendants to have provided a sponse to Defendant 1 to him from that point of time to the 18th day of the same month, which is inconsistent with the reasoning of the judgment, and it is unreasonable for the court below to see that the Defendants were either erroneous or inconsistent with the summary of the 5th day of appeal, and that the remaining 12th day of the appeal against the Defendants.

1. First of all, prior to the determination of the grounds for appeal by Defendant 1 and his defense counsel, according to the original judgment, Defendant 1 was admitted as a member of an anti-government organization by entering the North Korea Labor Party on or around December 5, 1952 due to the lack of evidence number, and was selected as the chairman of the cell for the 2nd class 18th class group in North Korea around December 1954 as the 2nd class 18th class group in North Korea and was assigned as the 3rd class 18th class group in North Korea, and was engaged in the leading duties of the above organization. Since he was assigned as the 1958 group, he was admitted as a person who was summoned to the Central Party through the 2nd class 1958 group, the organization of the above anti-government organization constitutes the 5th class group under Article 1 subparagraph 2 of the National Security Act and Article 549 of the National Security Act and Article 1 subparagraph 2 of the former Act, it is evident that the remaining punishment of the 3rd class of the judgment.

However, the fact that the organization of an anti-government organization was engaged in the guiding and guiding duties of an anti-government organization is punishable as an all-inclusive crime, and the crime of organization of an anti-government organization is not a continuous crime, but an immediate crime is completed as a procedure for joining an anti-government organization. However, since the statute of limitations has run from April 1958, which is at least when the last act was performed as a comprehensive crime, at least when the formation of an anti-government organization and the guiding duties of an anti-government organization were completed, the statute of limitations for seven years has expired after the end of March 1965 under Article 249 (1) 3 of the Criminal Procedure Act. Thus, the fact that Defendant 1 was engaged in guiding duties of an anti-government organization as a member of an anti-government organization does not reach the judgment of acquittal, and the fact that he was guilty and found guilty, which affected the conclusion of the judgment by misapprehending the legal principles that are immediately a crime of organization of an anti-government organization, which affected the conclusion of the judgment.

2. In light of the records, in light of the judgment on the grounds of appeal by the defense counsel of the defendant 2, 3, etc., and the misconception of facts, which is the first point of the grounds of appeal, and the records of the evidence duly admitted by the court below, it is sufficient to acknowledge the facts that the defendant 1 had assisted the counter-espionage, such as the time of the original adjudication, with the knowledge of the fact that the counter-espionage for which the defendant 1 was south of the defendant 1 was known, and otherwise, it is not shown that the defendants' statements were non-voluntary statements by the adviser and the witness before the prosecutor, and therefore, it is not reasonable to argue that the facts were

Next, as to the assertion that the Defendants violated the provisions of law by misunderstanding the legal principles on the crime of espionage, which is a second point in the grounds of appeal, and failure to reduce or mitigate such espionage, the court below acknowledged the location of a espionage near 2000s and the situation of taking off flights in the Seoul Special Metropolitan City, and the fact that the Defendants discovered and collected national secrets such as living environment of the residents of Seoul Special Metropolitan City, etc., such as the location of another airfield near 200s at the time of the original adjudication, and recognized the fact that the above crimes of aiding and abetting the above crimes of aiding and abetting 200s cannot be seen as an independent crime of aiding and abetting 3, as stated in the judgment below, since it is merely an independent crime of aiding and abetting 10s and abetting 30s after returning the above facts to the North Korea on the 28th day of the same month, and it is nothing more than an independent crime of aiding and abetting 9s of the above crimes of aiding and abetting 9s of the Criminal Act.

However, as to the fact that the court below, which is the fourth ground for appeal by the defendant 2 and 3's attorney, violated the provisions of the law as a violation of the principle of no accusation, the court below's decision in accordance with the summary of the decision of the court below, the defendant 2 and 3

(1) Recognizing the fact that the defendant 1 was a counter-espionage that the defendant 1 was south, the defendant 1 provides him with bed and locking points of bed and entering the city for about six days from his beginning of Sep. 22, 1958 to that of Sep. 28 of the same month (the judgment of the court below is stated by the 18th day of the same month, but it is obvious that the 28th day of

(2) Until now, Defendant 1’s orders issued to purchase 1 copy of the troupa for female workers, which is a matter of order of Taenam-do.

(3) The fact that in exchange for US$ 100, the franchiseer radio 1 unit, one set of 1 unit for identification card, and the oral one turn-on car was purchased and provided in that money.

(4) Information about the situation of military police questioning in Seoul Special Metropolitan City

(5) The fact that Defendant 1 received and kept a radio with an order to listen to a flat broadcast after he returned to North Korea and to verify his inner signal.

(6) When Defendant 1 re-explosed after North Korea, the fact that Defendant 1 provided an erosion and a diving for about 56 days from March 9, 1959 to May 5, 195.

(7) The fact that there have been 270,000 US dollars in exchange for 200 US dollars to that person

(8) After having returned to North Korea on behalf of the Dong, he received and kept the Ga-3 hearing and the Do-3 hearing and the Do-1 check, etc., and received US dollars 200 from the Dong in the gold village by accompanying the Dong with the Dong and received US dollars 200 from the Dong. Defendant 3, as the 3 of the ruling, acknowledged that he aided and abetted the defendant 1's acts of counter-espionage by himself, and recognized each of the above acts as a counter-espionage act, and recognized each of the above acts as a co-espionage act as one of the substantive concurrent crimes under the former part of Article 37 of the Criminal Act, he was punished by imprisonment for 7 years, and Defendant 3 was punished by imprisonment for 3 years and 6 months, respectively.

However, according to the records, according to the facts charged and applicable provisions of law to defendant 3, only 2-1,5 facts were indicted against the above defendant 3 at the time of the above judgment, and despite the clear fact that the defendant 2-2,3,6, and7 facts were prosecuted against the defendant 2, the court below judged that the defendant 3 was not prosecuted against the defendant 4-1,5 of the above judgment, and that the defendant 2-1,6, and 3-2 of the above judgment were punished as concurrent crimes because it was judged that the defendant 2-1,5 of the above judgment was not prosecuted against the defendant 3, and that the defendant 2-1,2,3, and4 of the above judgment against the defendant 2 and the above 3-2-1, 5-1, 5-1, 3-1, 5-2, 5-1, 5-2, 5-2, 5-1, 5-2, 5-2, 5-2, 5-2, 196-1, 3-2, 3.

Therefore, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the decision of the court below shall be reversed, and the decision of the court below shall be rendered again by a party member after pleading, since it is not necessary to decide on the remaining grounds for appeal by the defendants and the grounds for appeal

Criminal facts

Defendant 1: (a) was discharged from the Republic of Korea at 14 years of age; (b) was discharged from the Republic of Korea at the time of 14 years of age; (c) was discharged from the Republic of Korea at the time of 1943; (d) was discharged from the Republic of Korea at the time of 1943; (d) was discharged from the Republic of Korea at the time of 8/15 years of age; and (e) was discharged from the Republic of Korea at the time of 6.25 years of age; (e) was discharged from the Republic of Korea at the time of 1950; (e) was discharged from the Republic of Korea at the time of 15th of May; and (e) was discharged from the Republic of Korea at the time of 15th of March; and (e) was discharged from the Republic of Korea at the time of 15th of Korea at the time of 1st of May; and (e) was discharged from the Republic of Korea National Defense Corps at the time of 15th of March 1959;

1. On the other hand, Nonindicted Party 4 participated in the activities of the Central Party 1, 7, 5, and 196, 7, 5, and 196, 7, 5, and 196, 5, and 5,000, and 5,000,000, in the name of 1,000,00 and 5,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,000,000,00,000,00,00,00,00,00,00.

통신연락 지령과 함꼐 한화 30,000환(구화), 미화 200불 난수표 1조, 연락문건 봉투 1개, 미제

45.Fol 7, etc.: Upon receipt of 1 Seoul Special Metropolitan City residents' certificate, 1/1 working clothes, 1/1/1/1/10 of a Japanese colonial village, 11/00 of a disguised wooden water supply system and 3/100 of a Dong residential village, the Dong residential village shall start at the same time as the Dong residential village leader around 18:0 and transferred to 2 persons without the name of the Dong residential village in front of the first place at around 21:0, the Dong residential village in order to verify the location of the Dong residential village and 1:5/100 of the south-gu residential village in order to ensure that the Dong residential village and 1:3/22 of the same month, the Dong residential village in Seoul shall start at the location of the Dong residential village and 1:5/200 of the Dong residential village in order to ensure that the Dong residential village shall arrive at the 3/Do residential village in order to ensure that the Dong residential village shall have a secret in the Dong residential village in Gyeonggi-do.

On the 23th day of the same month, the number of people who purchased the 2nd day of the 1st day of the 2nd day of the 2nd day of the 2nd day of the 1st day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd day.

2. 동월 28. 지령에 따라 월북 복귀하기 위하여 서울 용산구 소지 용산역에 나왔으나 공소외 7이 약속을 어겨 동소에 나타나지 아니하여 동인과 접선되지 않자 동인을 대동 월북키로 한 당초의 기도를 포기하고 단신 월북할 것을 결의하고, 동일 18:30발 동두천행 열차를 타고 동일 19:30경 동두천역에 도보로 접선 예정지인 전기 마우산 기슭에 도착 대기하다가 앞서 판시한 바와 같은 접선신호로서 북괴 안내원과 접선하여 동 안내원의 안내로 침투시와 같은 전기 경로로 동 전방 초대소를 경유하여 전기 모란봉구역 가루개동 초대소에 도착한 후, 동월 30.경부터 동년 10.4.까지 사이에 동모란봉 가루개동에 있는 초대소에서 연락문건은 김구 묘옆 자연수밑 비밀함에 매몰하였고, 피고인 2, 3 및 공소외 6을 포섭하여 지하당 조직의 토대를 구축하였으며 무전수 양성적격자로 공소외 7을 몰래 포섭하였으나 동인의 가정사정으로 대동치 못하였다는등 기본적 임무에 대한 지령수행 사항과 위에서 판시한 바와 같은 동두천역 부근의 헬리콥타 비행장의 위치 및 비행기 이륙 상황 서울시내 군경의 가두검문 상황과 서울시민의 생활환경등을 기재한 귀환보고문을 작성한 후 구입 소지한 신태양 잡지 한권과 같이 이를 전기 최명불상 지도원에게 제출하고, 동년 10.3.부터 1959.3.5.경까지 사이에 동 초대소에 재차 수용되어 전기 최명불상 지도원으로부터 1차 남파때와 같은 내용의 정치실무 및 기술학등을 복습형태로 교양받은 외에 고무보트 도강법과 강상전지신호 방법 등의 대남간첩으로서 필요한 훈련을 받고 동년 3.6. 동 초대소에서 동 성명불상 부부장이라는 자로부터 피고인 2를 포섭하여 지하당을 조직하는 동시에 난수표를 교부하고, 가능하면 동피고인을 대동월북하고 무전수 양성대상자인 공소외 7을 대동 월북하라는 기본임무와 중류층 중년 여자 한복 1벌을 구입하고 군경의 활동상황과 서울시민의 생활환경을 탐지 보고하라는 부차적 임무에 대한 과업지령과 남파 이후의 지령의 송수신방법 접선 및 복귀방법에 관한 지령을 받고 한화 40,000환(구화), 미화 400불, 난수표 2조, 미제 45구경 권총 1정 7발들이 동 탄창 및 수류탄 각 2개 위장용 신사복 한벌 공소외 5명의의 위조시민증 1매 등의 공작금품을 제공받은 후 동일 9:00경 동 지원과 같이 동소를 출발 그 다음날 21:00경 안내원과 같이 동소를 출발 임진강편에 도착하여 목조 공작선을 타고 도강한 후 동월 8. 1:00경 경기도 파주군 교하면 교하리 뒷산에 도착하여 동소에 있는 분묘 상석 우축하단에 비밀함을 설정하고 동 안내원에게 소지하고 있던 무기등을 반납하는 동시 위장용 신사복을 입고 단신 잠복하고 있다가 동일 5:00경 하산하여 금촌역 부근에서 소지하고 있던 미화 400불중 200불을 매몰하고 동일 6:00경 동역에 도착하여 식사후 8:00경 다시 통근 열차편으로 수색역에 도착 9:30경 뻐-스편으로 출근시간의 혼잡을 이용 서울역에 도착함으로서 서울시내로 침투하여 동월 9. 10:00경 피고인 2 집에 도착하여 그 시경부터 수시로 피고인 2, 3 및 공소외 6등에게 위와 같은 내용의 북괴의 정치, 경제제도의 우월성등을 선전하여 그 사상을 확인하여 지하당 조직의 토대를 공고히 하고, 동월 12.과 16. 및 20. 3회에 걸쳐 각 1.30.경 동 라듸오를 사용하여 예정 접선일시에 제1접선 장소에서 접선하라는 에이-3방송을 청취함으로서 지령사항을 수신하여, 동월 14. 피고인 2 집에서 활동자금을 마련할 목적으로 동인에게 소지하였던 미화 200불을 한화와 바꾸어 오라고 지시하여 동인으로부터 한화 270,000환(구화)를 교부받고 그 익일 피고인 3에게 그중 금 6,000환(구화)을 주어 동인으로 하여금 중년 중류층 여자 한복 한벌을 사오게 하고, 동월 21. 22:00경 동소에서 피고인 2에게 에이-3청취 및 해문방법을 기재한 쪽지를 작성하여 동 라듸오와 난수표 1조를 교부하는 동시 동 피고인에게 피고인이 복귀한 후 피고인을 대신하여 북괴의 지령을 받으라는 지시를 하고, 동월 22. 10:00경 동소에서 재차 남파될시 사용하기 위하여 소지중이던 난수표 1조를 동가 부엌 뒤 돌담밑에 은익함으로서 지령사항을 각 수행하는 한편, 2차 침투 이후인 동월 9.부터 동월 22.까지 사이에 피고인 2의 집에서 기거하며, 서울시내 남대문 및 동대문시장, 중구 충무로 서울역앞, 용산구 원효로 입구 등지를 배회하며 위 2항 기재와 같이 서울시내에서는 군경의 가두검문이 별로 없다는 군경의 검문 및 활동상황과 대한민국에는 실업자가 많고, 빈부의 차이가 심하여 못사는 사람은 형편없이 못살고 있다는 서울시민의 생활환경을 재차 탐지 수집하는등 국가 및 군사상의 기밀을 탐지 수집하고, 제2. 피고인 2, 3은, 1958.9.22. 11:40경 당시 동구 산천동 18의1에 있는 피고

Recognizing that Defendant 1, at the time of 6.25 days from his house, who was missing after having entered the North Korea's house, was a counter-espionage in order to detect and collect national secrets from the North Korea's leader, he shall hear the words that he should cooperate in the North Korea's day because he had already been designated as a person to be included in the North Korea's house, and that he should cooperate in the North Korea's day after being included in the Defendant;

1.(1) At the above defendant's house from its city to 28 of the same month, the defendant's house provides divings to the defendant 1, at the above defendant's house, and upon the defendant's instruction, purchase one ovovovovoon for women's women's women's women's women's women's women's co-ordinations to the defendant, and provide the defendant with it;

2) On July 23, 200 of the same month, he exchanged U.S. dollars from Defendant 1, and received 100 U.S. dollars from Defendant 1, and exchanged 135,000 U.S. dollars from 40 years old women in the name unsatis cirthal cirs of the same three-dimensional cirs in the name unsatis 19:00, and then exchanged cirs from 135,000 US dollars on the name unsatis cirs of the same three-dimensional cirs of the same 19:0,000, and then, he purchased T.S. dollars in the South-west free market with the money to Defendant 1, and offered them to Defendant 1;

c)at around 25:00 on the 25th day of the same month, Defendant 1 asked him questions about the situation of inspection by the military police in Seoul Special Metropolitan City, and that the Defendant does not conduct separate inspections in Seoul Special Metropolitan City, and reported him of the situation of inspection that he will enter the Seoul Special Metropolitan City because he does not undergo inspection, such as many people visiting and leaving the Seoul Special Metropolitan City;

4) On or after the 27th 22:00 of the same month, the Defendant’s return to North Korea from North Korea at night, 12:00, and after the 5th 22:00 of the same month, the Defendant’s return to North Korea, and the Defendant’s receipt of the order to hear and confirm the safety signal of that person; and

2. The Defendants 1 was pro-North after the North Korea, and was pro-North Korea;

(1) On March 9, 1959, at the above defendant's house, contact with the defendant 1 and listen to the propaganda of the North leader development project of the above contents from that person, and provide the Dong with a locked for entry into and exit from the city of erosion, etc. from that time to May 5 of that year;

2)On the 14th day of the same month, receive instructions from Dongin to 200 U.S. dollars from Dongin, and provide them to Defendant 1 after exchanging 270,000 US dollars from women on the 19th day of the same month, in exchange for the same US dollars at around the same 19:00.

c) On the 21st day of the same month, at around 23:00, the Defendant’s office received orders from Defendant 1 to return to North Korea on behalf of Defendant 1 and received orders from Defendant 1 to take measures to listen and listen to the Ga-3 and electric dices, and then keep the said dysssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss

4) On March 15, 1959, at the defendant's house, he received gold 6,000 flives (oldization) from the defendant 1, along with the defendant 1's instructions that he will be shot, a middle-class female blives of the middle-class and the middle-class female blives. The defendant purchased the same blives in a market located in the Dong-gu literature Dong-dong, and provided it to the defendant 1, thereby facilitating the acts of counter-espionage

The facts in the judgment against the defendant, etc. are examined as evidence

1. Each part of the statements that correspond to the facts stated in the court below's decision

1. Each statement made by the witness, Nonindicted 7, Nonindicted 6, etc., in compliance with the facts set forth in the court below

1. Among each protocol of interrogation of the suspect as to the defendant, etc. and non-indicted 6 as to the public prosecutor's protocol, each part of the statement is consistent with

1. The part of each of the statements made by prosecutor and judicial police officer regarding Nonindicted 7 and each of the statements made with respect to Nonindicted 8 and 9 regarding the preparation of handling affairs by the judicial police officer

1. Each entry in the records of each inspection consistent with the judgment in the records of the preparation of handling affairs by judicial police officers and judicial police officers ( October 17, 1970 and dated 17, 1970); and

1. The above facts can be recognized by comprehensively taking account of each and each existing copy (No. 1), virtual copy (No. 2), resident registration certificate (No. 3) and its contents, etc. of seized photograph, and there is sufficient proof.

Application of Statutes

Article 98 (1) 1-2 of the Criminal Act, Article 1-2 of the judgment of the court below is as follows; Article 1-2 of the Act is as follows; Article 11 (1) of the National Security Act is as follows; Article 549 of the Act and Article 3 (1) 1 of the National Security Act is as if the Act was amended; Article 11 (2) of the Act is as follows; Article 11 (1) of the National Security Act is as if the above punishment is equal; Article 2-1 and Article 2-1 of the National Security Act as judgment of the court below against the defendant 2 and Article 3 are as follows; Article 2-1 of the Act as to the defendant 2 and Article 5 of the Act as to the defendant 2 and Article 2-1 of the Act as to the defendant 2 and Article 5 of the Act as to the defendant 3-2's punishment of imprisonment for life; Article 18 (1) of the same Act as to the remaining punishment of the defendant 2 and Article 30 of the same Act as to the defendant 1 of the same Act.

Of the facts charged against Defendant 1, the summary of facts charged is as follows: Defendant 1 was admitted to North Korea Labor Relations Commission No. 1 on December 5, 1952 and became a member of an anti-government organization on December 1952; and Defendant 1 was selected as the chairman of the 3rd class 4th class 18th group 7th group 1954 group 18th group 7th group 7th group 195, and was charged with guiding duties on March 1958. According to Article 10 of the National Security Act, since he had been charged with guiding duties on the part of North Korea No. 5th group 1, he was charged with guiding duties on the part of the chairman of the 1958 group 7th group 10th group 5th group 1, Article 1952 group 1 of the National Security Act. However, according to Article 10 of the same Act, he had been charged with guiding duties on the part of North Korea group 15th class 2 of the National Security Act.

Therefore, it will be exempted from the charge of forming the anti-government organization and the crime of guiding the defendant 1 in accordance with Article 326 (3) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

Justices Kim Yong-chul (Presiding Justice)