Cases where it is deemed that the interrogation protocol prepared by the prosecutor cannot be seen as particularly reliable;

The suspect interrogation protocol prepared under the circumstance that the defendant et al. did not accommodate the new illness of the defendant et al. in the prison, and the defendant et al. was examined by the prosecutor's office in the detention room of each police station, and the police officer who investigated the defendant et al. conducted at the time of the prosecutor's interrogation, making a statement superior to the statement at the time of the police interrogation, and made a confession of the facts charged, cannot be deemed to have been prepared under particularly reliable circumstances.

Articles 309 and 312 of the Criminal Procedure Act

Supreme Court Decision 70Do2449 delivered on February 8, 1971 (Supreme Court Decision 9462 delivered on September 8, 197, Supreme Court Decision 19Do312(7)1454 delivered on December 8, 197

Defendant 1 and five others

Prosecutor, Defendant, etc.

Daegu District Court of First Instance (70 High Court Decision 70Da247)

Supreme Court Decision 70Do2449 Delivered on February 8, 1971

We reverse the original judgment.

Defendant 1 shall be punished by imprisonment for one year.

One hundred and eighty days of detention days before the sentence of the original judgment shall be included in the original sentence.

Of the facts charged against Defendant 1, Defendant 2, 3, 4, 5, and 6 are not guilty in whole.

The prosecutor's appeal is dismissed.

The summary of the grounds for appeal by the defendant, etc. and each of the defense counsel of the defendant, etc. is that the judgment of the court below affected the judgment due to the violation of the rules of evidence and the mistake of facts, and the summary of the grounds for appeal by the prosecutor is that the amount of punishment against the defendant, etc.

In light of the above facts charged by the court below, it is clear that the above facts charged against the defendant 1 (except for the above facts that the defendant 1 had been counterfeited and seized) and the defendant's statement at the court below (2) the defendant's suspect examination of the defendant et al. was recorded in the defendant's book at the court below, and the defendant's statement at the court below's prosecutor's office cannot be seen as being completely denied and there is no evidence consistent with the facts charged. (2) The suspect examination of the defendant et al. as to the defendant who prepared the above facts charged cannot be proven as evidence. It is hard to see that the defendant et al.'s testimony at the court below's 1 and 2 court or the defendant's testimony at the court below's prosecutor's office and it is hard to see that the defendant's testimony at the court below's 1 and 4 were non-indicted 1 and it is hard to see that the defendant's testimony at the court below's 6th prosecutor's office or the defendant's witness's statement at the court.

In addition to the evidence of the commencement of the judgment of the court below, there are the suspect interrogation protocol as to the defendant, etc. prepared by the police, and a written statement prepared by the defendant, etc., as stated in the judgment of the court below, the suspect interrogation protocol is denied by the defendant, etc., and it cannot be accepted as evidence as it is recognized in the above. Since any other evidence cannot be the evidence of guilt, it cannot be the evidence of guilt, the measures of the court below which convicted the defendant, etc. against the violation of the rules of evidence against the rules of evidence shall be deemed to have committed an unlawful violation of the rules of evidence.

In addition, the court below rejected the defendant's defense counsel's assertion that the defendant was originally a mentally divided patient and failed to discern things or make decision at the time of the crime, based on relevant evidence, that there was a mental fission, or that there was a lack of mental disorder, and that there was a lack of appraisal, and thus, there was no obstacle to the social judgment power in terms of intellectual property. However, in full view of the appraiser's appraisal result, the testimony of non-indicted 4 and the testimony of the non-indicted 5 and non-indicted 6 of the court below and the testimony of the non-indicted 6 of the court below, the defendant 1 did not obstruct the judgment ability in terms of chronic fission since he was enrolled in high school until now, but there was no obstacle to the ability to make decision in terms of mental disorder, and the constant aspect of making decision is sufficient to recognize that the mental condition of the crime of this defendant was lacking in the ability to make decision, and therefore, it should be reversed in violation of the rules of evidence that there was no obstacle to the decision-making ability of the prosecutor, and there is no reason to dismiss the appeal.

Therefore, party members are reversed the judgment of the court below in accordance with Article 364 (6) of the Criminal Procedure Act, and they are again decided as follows.

1. Defendant 1, who want to enter a graduate school from the Daegu University, but failed to graduate from the university, was unable to enter the graduate school, in collusion with Co-Defendant 7 prior to the remanding of the case at the end of the High Court.

(1) On August 16, 1967, the purpose of the event was to describe Defendant 1’s permanent domicile, name, date of birth, etc. on the paper of the national university graduation certificate, which was obtained in advance from Nonindicted 7’s house located in Mapo-si, Masan-si, and then to forge a copy of the letter of the graduation certificate, which is a private document with respect to the certification of the name of the president of the university, affixed the rubber and the official seal of the president of the university, which was forged in advance,

(2) At around 20, Daegu-si, Daegu-si, Daegu-si, the university's general affairs and staff may be submitted to the university's graduate school which may be known of its circumstances.

The facts of the judgment are sufficient to be recognized by the statement of the defendant and the non-indicted 7-1 and the non-indicted 7-2 before remanding.

In contrast to the law, Article 231, Article 30 of the Criminal Code is applicable to the articles of private document assistance in the judgment of the defendant, and Articles 234, 231, and 30 of the Criminal Code are applicable to the exercise of the above articles, and each of the prescribed types of imprisonment is selected, and the defendant, like the above instructions, committed a crime under the weak condition of decision-making ability due to a chronic dyslexic disorder at the time of the crime, since the defendant committed a crime under the weak condition of mental disorder as a patient due to mental and physical disorder at the time of the crime, he shall be punished by imprisonment with prison labor for one year within the scope of the statutory mitigation under Articles 10 (2) and 55 (1) 3 of the same Act, and 180 days out of the number of detention days prior to the declaration of the

2. Of the facts charged, the remaining part of the facts charged against Defendant 1, excluding the above guilty part, and the summary of the facts charged against Defendant 2, 3, 4, 5, and 6

(1) Defendant 1:

1. (1) On May 19, 1965, at the sampling point located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, at around 19:00, “The capital-based society” for Defendant 3 and two other than Defendant 3 is serious and poverty is not altered. The contradiction of capital-basedism is a contradiction between capital and labor, thereby taking workers in a rank-based order and capital-based social society. There is no such contradiction in the socialist society.”

b. At the house of Defendant 2 located in the west-si, Chungcheongnam-si, the date of July 1966, 196, the term “if there are material in the world” to that person. If capitalism develops on a high road, it refers to “if there are material in the world, it will inevitably lead to socialism due to the contradiction of one’s own.”

c. The political report of Kim Il-il at the conference of the national representative of Cho Jong-gun Labor Party at the meeting of Nonindicted 7's office located in Msan-si, Msan-si on April 1967 is generally justified. In the election of Nam-do, the revolutional political party can be combined with the party, and the reason is that it is desired by the party."

d. On November 1 of the same year, at Defendant 4’s literature store located in the Jung-gu, Daegu-si, Daegu-si, the same sex, Defendant 4’s theory is not a debrison, and Defendant 4’s theory is not a debrison. The human desire is changing according to the age, but the desire of the brush is an economic desire, and the desire of the brush is considered to have the society that satisfies the desire.”

5. On March 3, 1968, the distance in Seoul Special Metropolitan City was set up, and Defendant 7 “1.21 incident refers to the commencement of the war against the military force by the male Labor Party’s South-North tidal wave.”

6. On July 1 of the same year, at the bar school point of Defendant 6’s management located in Nam-gu, Nam-gu, Daegu-gu, Daegu-si, and the same year, Defendant 4, 5, and 6 “it is also destroying railroad facilities by infiltrating railroad as a socialist method.” The subject of the revolutions organization refers to the innovative persons who suffered damage from the government should be identified.”

7. On the same day of 20:00 on the same month, it refers to Defendant 5 and 6 “The revolution must be made for the realization of socialism, since capitalism is highly contradictory.”

-. On December 12 of the same year, at the same Jung-gu Yansan-dong store in the middle-gu, Jung-gu, the second half of 20:00, Defendant 4 and 6 "The capitalism of Korea means that "The capitalism of Korea may lead a small and medium enterprise to collapse due to the monopoly economy of the capitalism, and the citizen life is not exempt from poverty as the poverty becomes worse, so that the rank of the poor is contradictory and correct, as soon as possible, the capitalism of the poor may be avoided as soon as possible and the socialist hole may be well living."

9. From the office of Non-Indicted 8 on February 2, 1969, at around 23:00, at the beginning of the beginning of 1969, Defendant 5, from the office of Non-Indicted 8, at around 428, the written statement reduction of the family at issue, “The economic policy is reasonable. The capital-based economic policy must be frighten and socialist revolutions should occur. The socialist revolution should be resolved in the way of a single-party movement.”

1. The Socialist Society to Defendant 4 and 6 on January 1, 2007 at an unauthorized point in the middle-gu, Daegu-gu, Daegu-si, the same year refers to: (a) the socialist revolution should be achieved in Korea; and (b) the method should be emulated with workers and farmers; and (c) the method should be included in the socialist situation.

ㅋ. 같은해 6. 중순 일자불상 15:00 같은시 중구 삼덕동에 있는 피고인의 하숙집에서 피고인 5에게 "사회주의 혁명이 성공하면 잘 살 수 있다. 혁명을 위하여는 조직적인 혁명대열을 구성해야 하고 지식수준이 높은 사람을 포섭할 필요가 있다"라고 말하고

F. Along with the following: (a) radio held by the Defendant at the home seat of the Defendant in Chungcheongnam-si from January 16, 1965 to October 16, 1969; and (b) listen to the broadcast college lectures of the Norremonism which are broadcast in Pyeongtaek-si; and (c) pursuant to the theory of the Norremonististististististism, the North Korea’s activities of North Korea’s leader who were staying in the Republic of Korea under his/her capitalism were praised or acted in concert with him/her to return to the Republic of Korea, an anti-government organization.

2. (1) On November 1, 1968, at the lower house of Defendant 7 located in the Seongbuk-gu Seoul Metropolitan Government, Seongbuk-gu, Seoul, the position of the public among the mid-term and the mid-term border disputes is justifiable. The mutual strike of socialist Jin-gu is the open house of chest."

2. The article that Defendant 3’s pharmacy located in the Dok-dong, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do on September 1969 died, and the article that “Saek-si died in the world, with a large distinction of people, is likely to board the national piracy even if Hok-si died.”

c.On July 15:00 on the date of the same year, the U.S. forces are present in the ship cafeteria located in the Jung-gu, Daegu-gu, Daegu-do, by Defendant 4, in the south of Korea. The reason is that it is because mental arms are well-grounded and it is not relevant to the Franchisor or Vietnam, for whom tactical is franchisor. If the U.S. forces are present, they are franchisor of the Franchisor, and they are franchisorizing the activities of the Franchisor, Franchisor, or by acting in concert with it.

3. The purpose is to promote the activities of anti-government organizations.

ㄱ. 1967.10. 일자불상경부터 1969.10. 일자불상경까지 수회에 걸쳐 대구시 중구 동문동 9 피고인 공소외 9경영의 남구서점에서 그 사람으로부터 막스엥겔스전집, 자본론, 조선인민에게 드림, 당조직 활동의 A.B.C, 우리 인민의 오늘과 내일 등의 공산주의 서적을 제공받아

2. The official accounting book of Defendant 4-management from the date of October 1967 to the date of May 10, 1968, at the same Jung-gu, Jung-gu, 1968, Defendant 4's literature book, such as a lusism, a monetary theory, a material history research, a war for rank, and a Plusia course, etc.

c. Purchasing notarial representations such as 30 copies of piracy from the South-gu, South-gu, 1967 no. 2, South-gu, South-do, 2, 652 South-gu, 1967, by purchasing from the person concerned the remaining pictures of Non-Indicted Party political management.

4. At the lower house of Defendant 5 located in Seo-gu, Seo-gu, Madon-si, Madon-si, the date of August 1968, by providing him with a book of notarial accounting, such as relic theory, experience vision theory, Modrototo, and reflectr theory, and distributing it.

2. On July 196, Defendant 2 hears from Defendant 1’s house located in the west-si, west-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and hear the horses written in the above 1.(1) 2.

3. Defendant 3

1. On May 1965, at the place of sampling located in the south-dong of the same city at around 19:00, Defendant 1 and the horses written in Section 1. (1) A. are heard from Defendant 1.

2. At the pharmacy in the same port south-dong of September 1969, Defendant 1 and each of Defendant 1 are aware of the fact that Defendant 1’s act of benefiting from North Korea or North Korea’s official labor relations is conducted at the pharmacy in the same port and south-dong of September 2, 1969, without giving each notice to the investigating intelligence authority;

4. Defendant 4

1. From Defendant 1

1. He shall hear words 1.(1) 4. Dod. Roon on November 1, 1967, from the above literature store, which was written in d. 4. Dod.

2. He shall hear the horses written at the above-mentioned gympon knife, 1968, at the above-mentioned gympon knife.

3. He shall hear horses written on the 1. (1) of the above-mentioned No. 1.00 on the 12. mid-to long-distance 20:0 on the more of the same year.

d. At an unauthorized station in Daegu-gu, Daegu-si, 1969, the foregoing 1. (1) shall be heard the horses written in air space ., and shall be heard;

The act of benefiting anti-government organizations shall be committed in accordance with each of the above paragraphs;

2. On July 15, 1969, at around 15:00, Defendant 1 and Nonindicted 9 engaged in the activities of the Franchisors and Franchisor in foreign industrial circles by carrying out words on the C/C. at the above F15:00 Franchisor;

3. The purpose of benefitting anti-government organizations.

1. From the date of October 1967 to the date of May 10, 1968, Defendant 1 sold books, etc. with Defendant 1 engaged in the above 1.(3) b.

b. Keeping books, etc. from May 1, 1968 to December 8, 1969, without calculation party theory, relic theory, Lehn-in and Troz, twitz, relics and economic history, etc. at the address of the above defendant.

(5) Defendant 5

1. From Defendant 1

1. On July 1968, 1. (1) 1. 6. Sheet Park Jong-young, Park Jong-young, Park Jong-young, Lee Gyeong-young, and 1. 1. 1.

2. He shall hear horses written in the above 1. (1) 7.7 on the same date and 20:00 over the same month at the sub-points; and

c. At the first 23:00 on the date of February 1969, Nonindicted Party 8’s house at around 23:0, the said 1. (1). He shall hear the horses that he had taken at the 9.999.

ㄹ. 같은해 6. 15:00경 같은시 중구 삼덕동에 있는 피고인 1의 하숙집에서 위 1. (1). ㅋ.에 쓴 말을 듣고 각 이에 동조하여 반국가단체를 이롭게 하고

2. The purpose of benefitting anti-government organizations:

1. On August 1968, at the bar of the above defendant's above defendant's above defendant's right at the date of 1968, he listens to the words "to enhance the theoretical level by studying safism from defendant 1 and acquiring them after being provided with books made in the d. 1. (3) above.

ㄴ. 같은해 9. 초순 일자불상 21:00경부터 같은해 12.11.까지 위 피고인의 하숙집에서 피고인 1로부터 막스엥겔스전집, 유물론과 혁명 등의 공산주의 서적 등을 맡아 이를 보관하고,

(6) Defendant 6

1. From Defendant 1

1. On July 1968, hearing the horses written at the above 1. (1) 6. 6, from the above 2nd class of the law school.

2. He shall hear horses written in the above-mentioned 1.(1) and 7.7. on the same day and above-mentioned 20:00 on the same day.

3. He shall hear horses written on the 1. (1) of the above-mentioned No. 1.00 on the 12. mid-to long-distance 20:0 on the more of the same year.

4. He hears from an unauthorized point of view in the same-sex-sex-sex-sex-sex in January 1, 1969 the horses written in 1. 1. 1. 1, he and she shall act as an anti-government organization, and he shall act as an anti-government organization.

2. The purpose of benefitting anti-government organizations:

1. On March 3, 1968, around 20:00 on the date, Defendant 1’s house located in the Nam-gu, Nam-gu, Nam-gu, Seoul, with the books of Gongsan-do, such as diversative evidence and relic theory, obtained from Defendant 1.

b. Keeping a book of public accounting, such as labor and labor union, material theory, and experience-free shipbuilding construction, from July 1 to September 201 of the same year, at the above Skh School Book from July 201 to September 201.

C. On December 12, 1968, at the same time, Defendant 1 was aware that Defendant 1 would benefit an anti-government organization at his house with the knowledge of the fact that Defendant 1 would benefit an anti-government organization at his house at the time of the same time as the date 20:00, but it was said that Defendant 1 provided convenience by lending 2,000 won to him. However, as mentioned above, there is no evidence to acknowledge the guilty of the above, and thus, Defendant 1 is acquitted by Article 325 of the Criminal Procedure Act.

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

Judges Lee Jae-ho (Presiding Judge)