Main Issues
Objects of acts of espionage
Summary of Judgment
In general, even if the fact is widely known to the people, all matters of interest in Korea, which are not known or confirmed by the enemy, are subject to acts of counter-espionage.
[Reference Provisions]
Article 98 of the Criminal Act
Reference Cases
Supreme Court Decision 68Do1825 Decided February 25, 1969
Defendant-Appellant
Defendant
Defense Counsel
(National Ship) Attorney Kim Jong-hwan
original decision
Seoul High Court Decision 80No109 decided March 19, 80.
Text
The final appeal is dismissed.
70 days of detention prior to sentencing shall be included in the principal sentence.
Reasons
The grounds of appeal by the defendant and defense counsel are examined.
Measures to recognize the fact of the principal offense by the timely evidence of the judgment of the court of first instance that the original judgment maintained by him, are properly recognized, and it is difficult to say that there is an illegal cause in documentary evidence.
In addition, there is a view that the Supreme Court's precedents have been followed that even if the facts generally known to our people are widely known to the people of the Republic of Korea, all the matters of interest in the Republic of Korea are subject to acts of counter-espionage. Therefore, it is difficult to say that there is a misapprehension of the legal principles on the measures that consider collection of matters pointing out by the original judgment
It is so decided as per Disposition by the assent of all participating Justices on the bench, for the reason that the original judgment is right and wrong.
Justices Lee Il-il (Presiding Justice)