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Defendants are not guilty.
Reasons
1. The following facts are acknowledged according to the records, such as the confirmation of the judgment subject to review.
A. The Defendants escape from an area under the control of the anti-state organization as stated in the summary of the facts charged as follows. The Defendants and the public prosecutor set away from an area under the control of the anti-state organization to an area under the control of the Republic of Korea, and brought a prosecution against the Jeonju District Court 69Da3400 on March 30, 197 as the facts charged of violating the National Security Act and violating the anti-public law. On July 22, 1970, the above court convicted the Defendants of all the remaining facts charged except for the facts charged for violating Article 5(1) and Article 3(1) of the National Security Act, and sentenced the Defendants to a three-year suspended sentence of imprisonment with labor for each of three years (hereinafter “the judgment subject to a retrial”). The Defendants and the public prosecutor filed an appeal against the judgment subject to a retrial with the Gwangju High Court 70No138 on July 22, 1970.
(c)
The Defendants and the Prosecutor appealed to the above appellate judgment by Supreme Court Decision 70Do1809, but the Supreme Court dismissed all the above appeals on October 30, 1970, thereby the judgment subject to a retrial became final and conclusive at that time.
(d)
On January 23, 2006, F and G filed an application for ascertaining the truth with the Criminal Procedure Commission for the truth and reconciliation (hereinafter “former Private Committee”). On January 19, 2010, the past History Commission rendered a decision to ascertain the truth with the purport that “The Defendants and co-defendants H, I, J, K, and L were all false and distorted due to the investigation by an investigative agency’s illegal confinement and harsh acts, and some of the criminal facts in the judgment subject to review were distorted or distorted.”
E. On September 18, 2017, the prosecutor thereafter re-examines the part concerning the Defendants among the decisions subject to a retrial.