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(영문) 서울고등법원 2020.02.04 2019누28
보안관찰처분취소의 소
Text

1. The Defendant’s disposition of security surveillance against the Plaintiff on December 17, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. 【Evidence of Disposition】 Evidence No. 1, and entry of evidence No. 2 through 4, and the purport of the whole pleadings;

A. On April 29, 2010, the Plaintiff was sentenced to 8 years of imprisonment with prison labor for violating the National Security Act (Seoul High Court 2010No349, Apr. 29, 2010). However, on June 22, 2010, the final appeal was dismissed and the sentence became final and conclusive, and the execution of the said sentence was terminated upon the discharge on September 8, 2017, and the major points of the criminal facts and the applicable provisions of the Act are as follows.

The main points of the crime are as follows: (i) on January 29, 200, during the military service period from around September 200 to September 2001, the defendant voluntarily searches and collects military secrets for the purpose of supporting B who is a member of an anti-government organization; (ii) on January 21, 2002, the defendant escaped from the Republic of Korea to obtain order from B who is a member of an anti-government organization or to consult on the accomplishment of its purpose; (b) on January 29, 2002, after receiving such order as "collection of data," and (iii) on December 29, 2002, it would endanger the national existence and security or democratic fundamental order; and (b) on February 24, 2003, the defendant collected the above order from B to B 3rd of Singapore as a member of an anti-government organization; and (c) on February 4, 2003, at the same time, entered the Republic of Korea's basic military order or 4th of Singapore's basic military order.

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