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(영문) 서울고등법원 2014.02.12 2013재노67 (1)
국가보안법위반등
Text

The judgment below

Among the defendants C, E, F, G, H, and I, the guilty part of the defendants A, B, and D shall be reversed.

Reasons

1. According to the records of the case, the following facts are acknowledged.

A. The Defendants were charged with L, M, N,O, and P on February 23, 1976 with charges of violating the National Security Act, etc.

On July 7, 1976, the above court found the Defendants guilty of the facts charged (However, the court acquitted the Defendants A and B of the acts of aiding and abetting each espionage and the acts of acquiring and keeping a part of the pro-enemy contents of the Defendant D) and sentenced the Defendant A, B, and D of five years of suspension of execution and suspension of qualifications for three years of imprisonment, three years of suspension of qualifications for three years of suspension of execution and suspension of qualifications, four years of suspension of qualifications for two years of imprisonment, and two years of suspension of qualifications for the Defendants C, F, H, and I, three years of suspension of execution and suspension of qualifications for one year of imprisonment, respectively.

B. The Defendants and the Prosecutor appealed as Seoul High Court 76No1767 on the above judgment.

On November 16, 1976, the above court rejected the appeal by Defendant A, B, C, and the prosecutor's appeal against the above Defendants, by deeming that it is groundless. The appeal by Defendant D was partially erroneous or misunderstanding of legal principles, and rejected the appeal by Defendant E, F, H, H, and I by accepting the allegation of unfair sentencing, but reversed the part concerning Defendant D, E, F, H, H, and I by accepting the allegation of unfair sentencing while rejecting the allegation of misconception of facts or misapprehension of legal principles, and acquitted Defendant D of the part concerning the appeal by Defendant D, E, F, H, and I by rejecting the allegation of unfair sentencing, and subsequently acquitted Defendant D of the suspended sentence for two years and the suspension of qualification for two years and the non-disclosure under the National Security Act. Defendant E, F, H, and I by suspending

(hereinafter referred to as the "case subject to review") c.

Accordingly, Defendant A, C, D, and G appealed by Supreme Court Decision 77Do241, but the above court dismissed all the appeals by the above Defendants on March 15, 197, thereby the judgment subject to a retrial became final and conclusive.

On June 13, 2013, the Defendants filed a request for retrial regarding the instant judgment subject to a retrial.

On October 25, 2013, this Court rendered a decision to commence a new trial, and the above decision to commence a new trial is made.

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