Main Issues
Act on the Joining and immediately committing a crime under Article 1-3 of the National Security Act (No. 10);
Summary of Judgment
It is reasonable to interpret Article 1 subparag. 3 of the former National Security Act (Act No. 10, Dec. 1, 48) as falling under a kind of immediate crime, not a continuous crime, but a complete procedure for joining the National Security Act. It is reasonable to interpret that the crime is not a type of crime, but a type of immediate crime, rather than a certain degree of time, such as arrest, confinement, or confinement, which is a typical continuous crime.
[Reference Provisions]
Article 1 subparag. 3 of the National Security Act (Law No. 10), Article 1 of the Act (Act No. 500), Article 1 of the Criminal Act, Article 4(1) of the Addenda to the Criminal Act
Appellant, Defendant
Defendant
Judgment of the lower court
Seoul High Court, Seoul High Court, Seoul High Court, etc.
Reasons
Therefore, according to the previous decision of the court below which held that the defendant should continue to join the crime of violence against the defendant 1 and the defendant's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1 and the defendant's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1 and the defendant's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 1 and the defendant's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1 and the defendant's non-indicted's non-indicted.
Justices Cho Yong-dae (Presiding Justice) Kim Jong-chul (Presiding Justice) Kim Jong-chul, Kim Jong-ho, a white background of the present allocation of Kim Jong-il Kim Jong-chul