It is difficult to readily conclude that the communication of national secrets is intended to secure the underground base of North Korea’s abduction, barring any special circumstance, by delivering the current status of residence of parents-friendly relatives, and by transmitting family photographs and the fact that South Korea is communicating with North Korea.

Unless there are special circumstances, it is difficult to readily conclude that the delivery of correspondence constitutes the delivery of national secrets to secure underground base of North Korea’s abductions, in the absence of special circumstances, by transmitting the current status of residence of parents-friendly relatives and by sending family photographs and the fact that South Korea is communicating with North Korea.

Article 3 subparag. 4 of the National Security Act

Defendant 1 and one other

Gwangju District Court Decision 71No107 decided May 27, 1971

The original judgment is reversed, and the case is remanded to the Gwangju High Court.

With respect to the grounds of appeal by the legal counsel Cho Jong-mun, as in the first ground of appeal No. 1 on the defendant Cho Jong-mun, the original judgment recognized the fact that the Korean government, at the time of the 6.25 incident, had sent correspondence to the counsel, and had the defendant's fourth degree of residence status or the non-indicted, who had been members of the North Korean Modern Factory Union at the time of the Modern Modern Modern Modern Modern's request, had his family and deceased, and had his family photograph and deceased, and his parents were living together with the previous family. Despite the fact that our Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern, it constitutes a national secret delivery by the defendant's counsel's request, and the court below's judgment citing the above legal principles as to the defendant's ground of appeal No. 31 as well as it was justified.

On June 25, 200, the original judgment: (a) heard that, from the father of Mana-ro of Mana-Jin to the Mana-ro of the defendant who was missing at the time of the incident on June 25, 200, he sent his family pictures to the defendant's deceased Mana-Jin who was married in his family in his family and live well in peace and peace; and (b) recognized the criminal facts in the judgment of the first instance that he was provided with his family pictures, and applied Article 4(2) of the Anti-Public Law.

However, for the purpose of Article 4 (2) of the Anti-Public Act to apply, it is stipulated in the law of the violation of the law that the acquisition of expressive materials, which are family photographs, should be done for the purpose of benefiting an anti-state organization. However, the judgment of the court of first instance that recognized the acquisition of family photographs of the deceased classical friendship, and accepted the criminal facts of the judgment of the court of first instance that applied Article 4 (2) of the anti-public law without any reason as to whether the acquisition of the above case was for the purpose of benefiting anti-government organizations. Therefore, the judgment of the court that applied Article 4 (2) of the anti-public law, without any reason, brought about the illegality of not specifying the reason.

Therefore, the original judgment should be reversed in its entirety without applying the judgment on other points of issue. Therefore, it is so decided as per Disposition by the assent of all participating judges by applying Article 397 of the Criminal Procedure Act.

The two judges of the Supreme Court (Presiding Judge) shall have jurisdiction over the red net leaves.