2013Gohap31 Violation of the National Security Act (Spy) and violation of the National Security Act (special locked).

In the case of escape, the violation of the National Security Act (Meeting, Communication, etc.) and the National Security Act

Violation (Provision of Convenience)

권★★ ( 1965. 4. 22. 생 ), 무직

Residential Pyeong-si

Reference domicile Pyeongtaek-si

The next offense (prosecutions) and the second instance (public trial)

Attorney Yoon Young-young (Korean National University)

April 19, 2013

A defendant shall be punished by imprisonment with prison labor for four years and suspension of qualifications for four years.

Seized evidence Nos. 1, 4 through 6, 12 through 19, 45, 49 through 58 shall be forfeited from the accused.

Criminal facts

1. The identity of the defendant;

피고인은 1993. 6. 경 북한 국가대표 축구 선수 출신인 주因風 ( 51세, 평양 청소년과외 체육학교 부교장 ) 와 결혼하여 1994. 11. 경 장녀 주08, 1995. 12. 경 차녀 주88를 각각 출산하였다 .

The Defendant, while living without any special occupation, visited China on three occasions in total between October 1997 and December 1997, between January 1, 2006 and May 2, 2007 and June 2007, in order to obtain economic assistance from the relatives of China.

From May 2009, the Defendant had been living in North Korea as a member of the information on abandonment in the Bupyeong-Seongyang area, and had been living in China on November 201, 2010, through the Incheon International Airport on August 17, 2012, and was currently without a certain occupation.

2. The substantial national safety report of North Korea under the National Security Abandonment Act (hereinafter “the abandonment”) is the highest information of the people of North Korea belonging to the North Korean National Defense Committee, the investigative agency’s system reporting and social control organization, etc., and the activities of foreign currency punishment are mainly conducted, such as the training and infiltration of anti-offenders, such as a espionage and persons of decentralization, and the gathering of information inside and outside the country, and the gathering of information, entry and departure control, the preparation of expenses for the maintenance of a system, and the manufacture and sale of narcotics.

The central organization of abandonment is a political state, prosecutor's office, North South Korea, the investigation state, the investigation state, the operational guidance state, the anti-exploiting state, the preliminary investigation state, the preliminary investigation state, the foreign team search state, and the 312 office, and there are 20 safe abandonment in each Metropolitan City, Metropolitan City, Do, and Si/Gun/Gu, and the members are dispatched to the unit of Ri/Dong workers.

In particular, the Anti-Investigation Bureau in Korea carries out the duty of monitoring, ascertaining trends and operation of trade and joint companies in foreign countries as well as North Korea's strategy, and inducing North Korea's abduction. One of the detailed methods is the duty of the Anti-Investigation Bureau in charge of foreign currency punishment for inducing, kidnapping, and maintaining the system of anti-system personnel, and also for Korean residents staying in China by deceiving them into North Korea as North Korean defectors.

3. Specific facts of crime;

A. Violation of the National Security Act (Spy 1) The selection and activity aid of the Bohon Information Institute is a member of an anti-government organization, in which the director of the right of abandonment investigation in the Seoyang Seoyang area was working as a member of the political father and wife in the Bupyeong-gu area in 2005, while being assigned as a leader of the right of abandonment in 2005.

피고인은 2009. 5. 경 평양시 서성구역 보위부 사무실에서 위 조 으로부터 보위부 정보원 활동을 제안받고, 조QQ의 지시에 따라 보위부 정보원 ( 공작가명 : 김호상 ) 으로 임무를 충실히 수행할 것을 맹세하는 내용의 서약서를 작성하여 제출하였다 .

Since then, the Defendant was provided with learning materials from the above services (information sources or writers) for two days in front of the above services in the Seocho area, and reported to the residents of the Republic of Korea about the time when he took a training program to criticize the social system of North Korea, or made a speech to harming the authority of Kim Jong-il, etc., and was engaged in activities as the source of Bolion by visiting China around December 2009 in accordance with the direction of the protocol, such as purchasing and delivering the Do government system.

2) Acceptance of State secret detection order

Around October 2010, the Defendant entered the Republic of Korea's single-dong area from the Hadon's office, and discovered and reported the network of information agencies of the Republic of Korea by identifying the network of information agencies of the Republic of Korea, and by its specific method, sought jobs by finding a person who is a Hadon △△△△△△△ in a single-dong as a member of the △△△△△△△△△, and was related to the information agencies of the Republic of Korea. Accordingly, the Defendant was ordered to receive money and receive money, and identify the identity, etc. of the person being connected and notify.

In addition, the defendant was educated the communication communication method to communicate with North Korea from the right of assistance, and was introduced the contact point of Bolion's Pool.

The RR is a member of the anti-government organization, who works as a leader of the anti-government organization, such as giving orders to the defendant and providing education to the defendant under the command of the chief of the anti-government bureau.

3) Detection and collection of State secrets on November 2010, 2010, the detection of identity of a person who cooperates with the intelligence agency of the Republic of Korea

According to the above order of the defendant, the defendant started around November 8, 2010 and arrived at the Dong-dong of China around November 9, 2010 through new shares, starting from around November 8, 2010.

On November 2010, the Defendant introduced ○○○ (hereinafter referred to as “the chief judge”) who was ponding in the coast guard near the Chinese single customs office, pursuant to the Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as “the chief judge”) and asked him to find jobs. On November 201, 2010, the Defendant sent the highest ○○ (hereinafter referred to as “the highest ○”) who is the cooperation of the intelligence agencies of the Republic of Korea, to the chief judge.

According to the above order, the defendant asked the mostest president to work, and the remaining group leader, who called by the team leader of the Ban, thought that he can work as the mostest president. The defendant remains together at the top president's house, and divided the personal information, family relationship, major career, contact information, etc. of the best president.

As a result, the defendant received an order from a member of an anti-government organization, and ordered him to achieve his objective.

and collected the identity of the President, who is a cooperation agent of the information agency of the Republic of Korea, who is a national secret.

B) Detection on February 201, 201, including contact information of the staff of an intelligence agency of the Republic of Korea

The Defendant has been in China due to the above-mentioned dispute with the president. A plan to punish directly money without receiving any help from the Chinese relative is a plan for job change. The head of the most demanded the president to do so with the president of the staff of the intelligence agency in the Republic of Korea (hereinafter referred to as the “president”) who is in the Republic of Korea. The chief director becomes aware that he/she is in connection with the information agency of the Republic of Korea and sent him/her to the chief of the judge or B through the people who returned to North Korea. The chief director becomes aware that he/she was in contact with the information agency of the Republic of Korea. The Defendant accepted the proposal of the last president, and prepared the personal identity of the Defendant to deliver it to the president at the request of the president, and delivered it to the last president.

On January 201, the Defendant, a chief director who introduced the highest president and a telephone conversation, was sent to one person from the chief director during a telephone call, and the Defendant was given 30 U.S. dollars delivered by the chief director on the following day for living expenses.

On February 2, 2011, the Defendant received the letter of the president, including the following: “I will know about the following: 300 U.S. dollars, women’s cosmetics, and the method of issuing a pass from North Korea,” which includes “I will know about the following: I will receive the letter of the president’s letter of communication, family relations, and school and career. I will send 300 U.S. dollars and living expenses.”

Accordingly, the defendant prepared a letter to the chief executive officer stating his/her identity, the method of movement in North Korea, the identity of the North Korean executive officer known to him/her, etc., and then delivered a letter to the chief executive officer through a male in the same region on the following day.

The Defendant discovered and collected the age, contact number, etc. of the chief director by hearing contact information from the chief director and telephone conversation.

As a result, the defendant received an order from a member of an anti-government organization, and ordered him to achieve his objective.

The president, who is an employee of the intelligence agency of the Republic of Korea, was found to have discovered and collected the age, contact information, etc.

C) Around April 201 to May 2011, the Defendant was sent USD 2,000,00 to the chief director who was found to be a short-dong on March 2011, and USD 2,00,00.

On April 201, the Defendant: (a) from the president of the board of directors, “A certain person makes a telephone,” and (b) made a video call on the Internet. At around 13:00 on the same day, the Defendant received 50 Korean phone calls from 13:0 on the same day, which introduced him as “Choman,” and followed the following day: (c) around 13:00 on the 13th day following the day on which he met on a bridge, which introduced him as “Choman,” who was in the name of the single-dong seat.

The Defendant entered the meeting of the president at any time or asked questions as “I am on May 12,” and received from the president “I am informed of the way to communicate to North Korea, etc., and prepared and submitted a written oath to actively cooperate with the unification project of the Government of the Republic of Korea at the request of the president.”

Since April 201, the Defendant made a false promise to enter North Korea to work for the Government of the Republic of Korea by entering North Korea more than twice the president and the president on two occasions, and was aware of the increase in the president and the horse speculation in the process.

On the other hand, the Defendant sent one of Samsung Digital Cada, which was sent by the president of the last president, who was found to be the end of April 2011.

Around that time, the Defendant discovered letter from the bar of judge chief to the highest president at the bar of the president, and found out letter from the bar of the highest president, and found that it was sent to the president by North Korean women by removing the upper part of the envelope, and confirmed that it was sent to the president by North Korean women, who read the contents thereof, and took the letter from the last place that was entered into the bend room, and delivered to the president “.......”

In addition, around May 201, the Defendant discovered the last president’s passport at the seat of the last president in China, and discovered the identity of the Defendant, such as the name and the date of birth of the last president, which was kept in the West at the seat of the last president.

As a result, the defendant received an order from a member of an anti-government organization, and ordered him to achieve his objective.

the chief director and North Korean people who are cooperation agencies of the Republic of Korea, the State secrets;

· The fact that he is in charge of the connection duty, his trend and the personal information of the President was detected.

라 ) 2011. 10. 경 ~ 2011. 11. 경 대한민국 정보기관 협조자들의 동향 탐지 피고인은 2011. 7. 경 단동 알마루에 있는 의류판매점 대박상점에서 북한주민 김王을 우연히 만나, 김王으로부터 " 사업을 해서 중국에 사사여행 ( 북한주민의 중국 내 친척방문을 지칭 ) 을 나왔고, 한국의 김치 냉장고 등을 북한에 가져갈 것 " 이라는 이야기를 듣고 김이 한국사람들과 가깝게 지냈을 것이라고 판단하여 그 동향을 확인하기 위해 " 자주 만나자 " 고 하면서 연락처를 교환하였고, 이후 김王王과 수차례 접촉하였다 .

피고인은 2011. 8. 말경 김 으로부터 " 내가 강목사라는 분과 성경공부를한 적이 있다. 내가 북한에 들어가서 편지나 물건을 보내면 강목사에게 전해달라 " 는 부탁을 받고, 같은 날 오후 단동에 있는 다래원 식당에서 김王王과 함께 강목사를 만났다. 그 자리에서 김王王은 강목사에게 " 평양에서 온 동무다. 내가 북한에 들어가서 보내는 편지와 짐을 이 동무가 전해줄 것이다 " 라고 소개하였고, 피고인은 강목사의 연락처를 교부받았다 .

On September 201, the Defendant entered North Korea, the early 201, followed by his entry into North Korea, “The Defendant will pay money to the next cafeteria in the future. This is a simple personal identity that is given at a church and a letter of his own introduction, thereby allowing the Defendant to listen to the language.

이후 피고인은 2011. 10. 경 성명을 알지 못하는 북한 국제열차 열차원으로부터 ' 평양에서 가져온 편지와 물건이 있다 ' 는 연락을 받고 그로부터 김王王이 피고인 , 강목사, 김사장에게 보내는 편지 등을 전달받았다. 피고인은 김 이 김사장에게 보내는 편지를 개봉하여 북한 내부사정이 자세히 기재된 사실을 확인하고, 김사장이 대한민국 정보기관 직원이고 강목사와 김王이 김사장과 연계되어 있음을 알게 되었다 .

피고인은 편지를 다시 봉한 뒤 그 다음날 위 식당에서 강목사를 만나 김王王 이 부탁한 편지 등을 전달해 주고 그 대가로 중국화폐 1, 500위안을 받았다 .

In addition, around November 201, the Defendant re-issued two letters sent from the International Train Institute to Kim Jong-soo and Kim President of the North Korean train, and then opened the letter, examined its contents, re-sealed it, and then sent it to the classe officer. Around that time, the Defendant reported it to the classe officer through letters.

As a result, the defendant received an order from a member of an anti-government organization, and ordered him to achieve his objective.

and collected the identity and trends of the persons who cooperate with the intelligence agencies of the Republic of Korea, which are national secrets.

E) Detection of contact information of employees of the intelligence agency of the Republic of Korea around November 2011

On November 201, 201, the Defendant called to the president under the order of the president to send the president's news by specifically writing the Plaintiff's news from the RoR adviser, but the Defendant was unable to call with the president by telephone.

Accordingly, the Defendant called to the largest president and did not enter North Korea. The Defendant sent a new mobile phone number of the president from the highest president to the president and reported it to him via a letter around that time. The Defendant called to have the president and contact with him.

As a result, the defendant received an order from a member of an anti-government organization, and ordered him to achieve his objective.

The contact information of the personnel of the intelligence agency of the Republic of Korea, which is a national secret, was detected and collected.

F) Detection of the trend of cooperation from Korea’s intelligence agencies around December 2011

피고인은 2011. 12. 경 위 다래원 식당에서 강목사에게 김王王이 평양에서 보낸 편지를 전달하면서 강목사로부터 김王王에게 ' 김정일의 사망일자, 김정일 사망 후 북한 민심 등을 알려달라 ' 는 내용의 편지를 써서 보내달라는 부탁을 받고, 그 무렵 이를 서신을 통하여 조 에게 보고하였다 .

As a result, the defendant received an order from a member of an anti-government organization, and ordered him to achieve his objective.

The trend of cooperation from the intelligence agencies of the Republic of Korea, a national secret, was detected and collected.

(b) Violation of the National Security Act (Meeting, Communications, etc.), and violation of the National Security Act (Provision of Convenience);

On January 201, 201, the Defendant called to the Ma○○ church located in Dong-dong, China, to the Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon

During the time of waiting for a person who intends to meet, the Defendant provided money and valuables, such as USD 4,700 and USD 4,700 in total, on 27 occasions, including the statement of “attached Form” meetings, communications, and the details of convenience provision, from time to July 2012, from time to time, by telephone communications, correspondence, and reception line, and provided money and valuables, such as USD 4,700 and Kamera, in total, three times.

Accordingly, the Defendant, despite being aware that it may endanger the existence and security of the State or democratic fundamental order, contacted with a member of an anti-government organization or a person subject to its order by means of meeting, communication, or other means, and provided convenience by providing money or other valuables, etc., knowing that he/she was a person who commits or attempts to commit a crime under Articles 3 through 8 of the National Security Act.

(c) Violation of the National Security Act (Special locked and escape);

On January 2012, the Defendant: (a) came to the Southern Shipbuilding under the order of assistance at a coffee shop, etc. in China, which was issued by the police officer at the Chinese single-dong, and (b) came to the Southern Shipbuilding, and then came to know of the peace executives connected with the chief director, private tourers, and trade participants in connection with the chief director; (c) became aware of what is the line coming from the chief director’s back to the Southern Shipbuilding; (d) what is what is the chief director, what is what is what is what is what is what is what is what is, what is what is what is what is what is what is, what is what is what is what is what is what is, what is what is what is what is what is what is, what is what is what is what is what is

In addition, the Defendant received education from RR, such as the guidelines to cope with the National Intelligence Service’s investigation and subsequent contact methods.

이후 피고인은 위 지령에 따라 강목사, 최사장, 유○○ 등 주변 사람들에게 " 내가 편지를 연결해 준 김王王이 보위부에 잡힌 것 같은데, 무서워서 북한에 못 들어간다 . 한국에 가야할 것 같다 " 고 허위로 설명하는 등 대한민국 침투를 준비하였다 .

On March 2012, 2012, the Defendant purchased the same kind of Kameras above in order to have access to the name of returning the Kameras (transfer to light around December 201, 201) as indicated in the 3-A(3-C) clause after entry into the Republic of Korea to the president.

Pursuant to the above Order, the Defendant started a single-dong area with North Korean residents at the end of June, 2012, and waited for about 10 days in an apartment complex where the name cannot be known after having arrived at the Chinese heart on the same day, but started around July 10, 2012, starting from the heart around July 16, 2012, the Defendant confirmed that he was North Korean defectors at the Pacific Police Station around July 17, 2012, after arriving in the Maspland, and was transferred to the Escopic care and custody center located in Thailand around July 28, 2012.

On August 16, 2012, the Defendant started the international airport located in Thailand, and entered the Gyeongcheon International Airport on August 17, 2012.

As a result, the defendant was under the order of a member of anti-government organization and was locked to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The written statement by each special judicial police officer against the ○○○, the bereaved family, the largest ○○, and the Kim○;

1. Each protocol of seizure;

1. Each investigation report [Confirmation of the suspect's identity and trends, confirmation of the fact that the defendant's family records, such as "the country of patriotism", "the person who left the heart", are written in the book held by the suspect, and other family records, verification of the identity of the anti-government organization of North Korea, the fact of arrest of the North Korean government, etc., comparison and analysis of the cases of disguised homicides by North Korea, arrest of the North Korean government, and the situation of infiltration, verification of the identity, trends, etc. of the North Korean government's abandonment, confirmation of the state's sale-salary area, abandonment, abandonment and invitation, etc., confirmation of the state's sale-mail, confirmation of the contents of the education of the State's Information on Abandonment, the fact that the suspect was sealed by the North Korean government against North Korea on June 2010, the fact that the suspect was given from the upper part of the vessel for reporting on January 1, 2011.

25. 사용한 북한 국제전화번호 ' 0085 - 02 - 18111 ' 확인, 피의자가 ' 단동지역 대한민국 某 정보기관 연계망 파악 ' 지령을 받고 여권을 발급받아 2010. 11. 9. 중국에 침투한 사실 확인, 피의자가 중국 침투 직후 체류한 단동 연안여관 실재 확인, 피의자 총 27회에 걸쳐 상부선과 회합 · 통신한 사실 확인, 피의자가 ' 이사장 ' 의 위장협조자로 활동하면서 ' 이사장 ' 을 기만하기 위해 작성 · 전달한 편지, 서약서, 신상명세서 내용 확인, 국가기밀에 대한 판례 태도 및 피의자가 탐지한 대한민국 某 정보기관 직원, 협조자의 신상정보, 휴대전화번호 등이 국가기밀에 해당하는 사실 확인, 피의자와 상부선간 연락 임무를 수행한 북한 ' 남산재무역회사 ' 부사장 이 신원 동향 등 확인, 피의자가 연락책 이 접촉장소로 이용한 중국 단동소재 0 커피숍 소재확인, 피의자가 2011. 4. 부터 대북보고시 이용한 안○○ 주거지 인근 전화방 확인, 피의자가 2011. 6. ~ 11. 간 상부선과 통신연락시 이용한 신 루꼬대형마트 앞 전화방 실재 확인, 수사보고 ( 2011. 6. 피의자가 재북 상부선의 지시에 따라 심양 주재 북한 영사관에서 ' 경유 ' 확인을 받은 사실 확인, 피의자가 ' 북한 국제열차 승무원 - 재북 가족 - 상부선 조Q ' 의 경료를 이용하여 보고서신 등을 상부선에 전달한 사실 확인, 피의자가 북한 국제열차 열차원 이RR호를 접촉한 단동역 인근 소재 대조과 실상점 실재 및 동 과실상점을 이용하여 북한 내 물품반입이 이루어지고 있는 사실 확인, 피의자가 이을 접촉한 단동공안국 앞 커피숍 실재확인, 피의자가 대북보고한 북한주민 김王 ( 보위부 ) 에 검거된 정황 확인, 2012. 1. 18. 경 피의자가 북한 보위부 지도원 현RR과 접촉한 단동 소재 무역카페, 형화원, 송도원 식당 및 인근 커피숍 소재 확인, 2012. 1. 19. 경 피의자가 북한 보위부 지도원 현RR과 접선한 단동 소재 태양불가마 사우나, 고려 식당 등 소재 확인, 피의자가 국내 정보기관 직원 ' 이사장 ' 에게 접근할 목적으로 2012. 3. 경 구입한 카메라 제원 및 구매 상점 소재 등 확인, 피의자가 딸 주 등 재북 가족의 귀북 종용에도 불구하고 귀북치 않은 사실, 피의자가 국내 침투에 앞서 2012. 5. 경 편지 등 개인물품을 재중 ' 유○○ ' 에게 보관한 사실 등 확인, 피의자가 2012. 7. 국내 침투 진행상황을 최종 대북보고한 공중전화 설치장소 소재 등 확인, 피의자가 탈북자로 위장하여 침투한 경로 확인, 피의자가 ' 탈북자가 위장 침투 ' 정체를 숨길 목적으로 탈북 동기를 허위로 기재한 사실 확인, 피의자가 중앙합동신문센터 조사과정에서 위장 침투사실을 숨기고 신문투쟁을 전개한 사실 확인, 피의자가 2010. 11. 9. 중국침투방법 관련 진술 번복내용 확인, 피의자가 구속전 피의자신문에서 자신이 피의사실을 인정한 사실 확인, 참고인 최사장 진술과 피의자 진술 불일치 부분 비교, 피의자가 대한민국 某 정보기관 직원 김사장에게 제출한 편지내용 확인, 김王王이 대한민국 某 정보기관의 대북 정보수집 관련 협조자로 활동한 사실 확인, 피의자가 탐지수집한 국가기밀 등의 대북보고 시점을 의도적으로 늦춘 사실 확인, 피의자가 인편을 통해 상부선에게 전달한 공작서신, 금품 등이 상부선 조신에게 도달된 정황 확인, 이 관련자료 첨부 , 피의자 진술청취, 피의자 권길순의 대북보고 관련 진술의 신뢰성 확인 ]

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 4(1)2(b) of the National Security Act (the detection and collection of State secrets for the accomplishment of the purpose, the selection of a limited term of imprisonment), Article 6(2) of the National Security Act (the occupation of locked after receiving an order, the selection of a limited term of imprisonment), Article 8(1) of the National Security Act (the occupation of meetings and communications), Article 9(2) of the National Security Act (the occupation of convenience provision)

1. Concurrent imposition of suspension of qualifications;

Article 14 of the National Security Act

1. Aggravation for concurrent crimes;

1. Discretionary mitigation of punishment for concurrent crimes as stipulated in the National Security Act (Spy) as stipulated in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act 1.

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. As to the assertion that there was no purpose of endangering the existence and security of the State or democratic fundamental order

A. Defendant and defense counsel's assertion

Each of the crimes of this case constitutes an act committed by a defendant who was a resident of North Korea, an anti-government organization, in order to avoid the threat of his/her life and body, and thus, the defendant is acquitted.

B. Determination

An act of coercion under Article 12 of the Criminal Act refers to an act of coercion made by force of another person, such as intimidation, etc. that may not be resistanceable violence, life, or body. In this context, an act of resistance-free violence means a case where a physical act cannot be absolutely performed in a psychological sense or where a pressure is strong in ethical sense. Intimidation means a intimidation that does not have any other method to prevent harm to the life and body of himself or his relatives, and coercion means to force a specific act by preventing a forced person from making a decision on free will (see Supreme Court Decision 2007Do3306, Jun. 29, 2007, etc.).

In light of the following circumstances acknowledged by the evidence duly examined by this court as to whether each crime of this case committed by the defendant was forced under Article 12 of the Criminal Act, even though considering the circumstances in which the defendant was living under surveillance and suppression on a timely basis within the North Korean regime, it cannot be deemed that each of the crimes of this case committed by the defendant constitutes an act with no possibility of expectation or expectation by force of another person, such as intimidation, etc. that the defendant's resistance or harm to life, body, and life or body cannot be deemed as being committed by force of the defendant.

① The Defendant, at an investigative agency, expressed to the effect that “Around May 2009, the Defendant was acting as an intelligence source to the effect that “Around the Seoyang-si, Seoyang-gu, 2009, she would have found himself/herself and herself to be the intelligence source.” The Defendant accepted the intelligence source task by soliciting the Defendant to become an intelligence source to the effect that “I may promptly go to China.” (No. 16 pages of evidence record).

② On February 21, 2013, the Defendant accepted the information source project in this court on the following grounds: “In order to obtain economic assistance from the mother in China, the National Security Department of Abandonment, who was well aware of the proposal, requested that the National Security Department of Abandonment be found and that the National Security Department of Abandonment did not carry out the information business on abandonment, and the husband did not object to China at an easy and rapid speed in the future. However, even though it did not appear in mind, the Defendant accepted the information source project in this court on the ground that it could promptly take place in China.”

③ In light of the above Defendant’s statement, etc., the Defendant is acknowledged to have performed his/her act as an information source of abandonment voluntarily for his/her own interest.

1. Reasons for sentencing: Imprisonment with prison labor for a period of three years and six months to forty-five years;

2. Determination of sentence: Four years of imprisonment and suspension of qualifications; and

The Defendant received education from the staff of the North Korean National Security Report of abandonment from the staff of the Republic of Korea, and arrested and collected the information network of the Republic of Korea, such as the identity, contact details, and trends of the staff and cooperations of the intelligence agency in the Republic of Korea. Furthermore, the Defendant was deprived of the Republic of Korea by deceiving North Korean defectors under the North Korean National Security Report of abandonment. Each of these crimes committed by the Defendant is very serious criminal threatening to the existence and security of the Republic of Korea, and due to the Defendant’s information collection and report, the information source collected inside the Republic of Korea was arrested in North Korea, and the Defendant was also arrested in North Korea. On the other hand, the Defendant was a husband and two persons in North Korea.

As a family head with a female, it seems that the awareness of North Korea's family members in North Korea seems to have caused the instant crime, and that the Defendant led to the principal opportunity to commit the instant crime; the Defendant led to the confession of all his own criminal acts and actively cooperate in the investigation process by the Central Joint Examination Center immediately after the Defendant was deprived of the Republic of Korea; the Defendant was born and grown in North Korea; and the Defendant received education as an intelligence source; thus, the recognition of the violation of the National Security Act at the time of the instant crime appears to have not been significant; the Defendant actively criticized North Korea's Kim Jong-Un system; on the other hand, the Defendant submitted a reflect against his strong intent to live in the Republic of Korea, such as the Defendant's age, character and conduct, environment, circumstances surrounding the instant crime, circumstances after the commission of the crime, etc.; and on the other hand, the Defendant shall determine the punishment as set forth in the Disposition, taking into account all the circumstances that form the conditions for sentencing

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

Judges Yoonn-heer of the presiding judge

Judges Yang Young-young

Judges in the order of precedence