The case recognizing that there has been commencement of enforcement.

Under the purpose of escape from North Korea, if one enters an area where the entry of the general public is controlled, and is arrested in the middle of North Korea, it shall be deemed that there was the commencement of the crime of escape under Article 6 of the Anti-Corruption Act.

Article 6(5) of the Anti-Public Law, Article 6(1) of the Anti-Public Law, Article 25 of the Criminal Act

Defendant

Government support of the first instance court, Seoul Criminal District Court Decision 72No7342 delivered on June 7, 1972

The appeal is dismissed.

The number of detention days after the appeal shall be included in the calculation of the original sentence.

Judgment on the Defendant’s grounds of appeal by a public defender

According to the reasoning of the first instance judgment maintained by the court below, the court below recognized the fact that the defendant was arrested to the military authorities in North Korea and did not achieve the purpose of escape, and recognized that the defendant was unable to escape from North Korea by applying Article 6 (5) of the Anti-Public Law, and that the defendant committed an attempted escape by applying Article 6 (5) of the Anti-Public Law to escape from North Korea. According to the above recognized facts, the court below acknowledged that the defendant was justified in holding that the defendant committed an attempted escape by entering an area where the entry of the general public is controlled under the purpose of escape from North Korea, and the defendant went to the area where the passage of North Korea is controlled by the general public. Thus, it is reasonable to view that the defendant did not reach the controversy over the first instance judgment as an attempted escape because he did not go to escape from North Korea.

2. Judgment on the Defendant’s grounds of appeal

In this case where the defendant was sentenced to a punishment for a short term of eight months or more, there is no argument that the sentencing of punishment is unfair, as it is not a legitimate ground of appeal.

Therefore, the appeal shall be dismissed and the 80 days of detention days after the appeal shall be included in the original sentence in accordance with Article 57 of the Criminal Act, and it shall be decided as per Disposition with the assent of all participating judges.

Judges of the Supreme Court (Presiding Judge) Do-dong Do-won Nababri