A. Violation of the National Security Act (Composition, etc. of anti-government organization), 2013Do9766

(b) Violation of the National Security Act;

(c) Violation of the National Security Act (Special locked and escape);

A person shall be appointed.

Defendant and Prosecutor

Attorney DF (National Election)

Law Firm B

Attorney DG, C

Attorney E, D, CX

Seoul High Court Decision 2013 98 Decided August 2, 2013

November 14, 2013

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Prosecutor’s Grounds of Appeal

The lower court affirmed the first instance judgment, on March 17, 2012, that the Defendant’s written statement of March 17, 2012 prepared by the defense counsel as impeachment evidence at the Central Joint Examination Center, which was submitted by the first instance court, was inadmissible unless the Defendant consented to the admissibility of evidence as evidence as to the prosecutor’s application for examination of the written statement as above as evidence. On the other hand, the evidence submitted by the prosecutor alone is insufficient to recognize each of the facts charged in the instant case as constituting a violation of the National Security Act (the organization, etc. of anti-government organizations) due to the official activities in the Chinese Jinjin and the violation of the National Security Act (the special locked and escape).

Examining the reasoning of the lower judgment in light of the relevant legal principles, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the admissibility of impeachment evidence, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the part of the conviction did not state the grounds for appeal, and the appellate brief does not state the grounds for appeal.

2. As to the Defendant’s ground of appeal

Examining the reasoning of the lower judgment in light of the relevant legal principles, the lower court, and the evidence duly admitted by the first instance court, it is justifiable to maintain the first instance judgment convicting of each of the facts charged in the instant case, on the grounds stated in its reasoning, of violation of the National Security Act (the composition, etc. of anti-government organizations) due to the Chinese heart, Cheongdo, and official activities in North Korea, and of violation of the National Security Act (the achievement of purpose) due to the exercise and inducement of counterfeit foreign currency for the achievement of the purpose. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic and experience and the principle of free evaluation of evidence, exceeding the bounds of the principle of discretion and credibility of confession

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Chang-soo

Justices Park Byung-hee

Justices Ko Young-han

Justices Kim Chang-soo.