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(영문) 서울고등법원 2016.05.17 2015노3201
국가보안법위반(목적수행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The J is not an official of North Korea, but an official of the State Information Institute, or a North China or China ship that cooperates with the State Information Institute. Since the funds transferred by J to G are funds of the State Information Institute, the instant public prosecution against the State Information Institute’s illegal naval investigation should be dismissed, and all evidence collected based on the J’s statement should not be admissible as evidence of unlawful collection.

B) Since the Defendant did not intend to jointly operate the act in violation of the National Security Act by G and only intended to acquire money from G, the Defendant did not have any intention to commit the act in violation of the National Security Act.

C) Nevertheless, the lower court convicted all of the facts charged in the instant case of violating the National Security Act. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. 1 Determination on the Defendant’s assertion of mistake of facts, etc. 1) In light of the following circumstances acknowledged by the lower court and the first instance court based on the evidence duly adopted and examined by the court, such as whether the Defendant was an illegal naval investigation, etc., the fact that the J sufficiently recognizes the fact that the Defendant was a person who was ordered by the North Korean official author or North Korean employee, and that the State Information Institute caused the Defendant’s criminal intent by means of tricks, schemes, etc.

Nor can it be viewed by the court below, and the evidence submitted by the counsel and each statement of the witness G of the court below and the witness H of the party, and the evidence submitted by the counsel are difficult to believe or interfere with the above recognition, and there is no other evidence to reverse this. Thus, the above assertion by the defendant is without merit.

A) The J shall send H, I, and G, a national of the Republic of Korea, into North Korea around November 1998, to North Korea, and allow the North Korean K to produce in large quantities until July 200, and the production facilities and equipment of narcotics to H, etc.

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