The meaning of "a person who has engaged in the leading duty" under Article 1 subparagraph 2 of the former National Security Act (Act No. 1151)

The term "person who has engaged in a leading duty" under Article 1 subparagraph 2 of the former National Security Act refers to a person who has engaged in an important role or guidance activity for the group in question, regardless of the status in the group.

Article 1 subparag. 2 of the former National Security Act (Law No. 1151)

Seoul High Court Decision 201Nu11588 delivered on April 10, 1951 (Article 1(2)1 of the National Security Act, Article 1(2)1 of the National Security Act, Article 1(2)1 of the same Act,

Defendant 1 and three others

Prosecutor and Defendants

Seoul Criminal District Court (81 High Court Decision 524)

The part of the judgment of the court below against the defendant 1 and 2 shall be reversed.

Defendant 1 and 2 shall be punished by imprisonment with prison labor for 7 years and suspension of qualifications for 7 years.

One hundred and seventy-five days of detention days prior to the declaration of the original judgment shall be included in the above imprisonment.

The seized light, one copy (Evidence 2), one rollra (Evidence 3), one food board (Evidence 4), one copy (Evidence 5), one copy (Evidence 6), and one copy (Evidence 6), respectively, from Defendant 2, shall be confiscated by Defendant 1, and the seized resident registration certificate shall be returned to Nonindicted Party 1.

The appeal filed by the defendant 3 and 4 and the appeal filed by the prosecutor against the defendant 3 and 4 are dismissed.

(a) Summary of the grounds for appeal

1. Grounds for appeal by a prosecutor;

The gist of the grounds for appeal against the Defendants by the prosecutor is that the determination of each sentence imposed by the court below against the Defendants is too unfasible and unfair.

2. Grounds for appeal by the Defendants

1. The summary of the grounds for appeal by the defendant 1 and 2 and his defense counsel

(1) The court below found the Defendants guilty, but there was no organization of so-called Democratic Gu Student Federation (hereinafter referred to as the "Private School Federation"). The Defendants did not engage in a series of criminal acts such as the written indictment in relation to private school training, and Defendant 1 embezzled one copy of the resident registration certificates owned by Non-Indicted 1, and there was an error of law that found the facts without any evidence, but misleads the facts.

(2) There is no evidence that the Defendants joined the Republic of Korea, which is a public-private partnership member, is an anti-government organization that acts in accordance with the routes of the public-private partnership, and even if the public-private partnership is an anti-government organization, there is no evidence that the Defendants were aware that they were anti-government organizations, but there was no evidence that the Defendants joined the organization, but the court below found the Defendants guilty, and found the Defendants guilty, and found them guilty of the facts not based on evidence,

(3) The court below acknowledged the defendants' criminal facts by the examination of suspect or the statement of suspect prepared by the prosecutor, but first, the interrogation protocol or the statement of suspect against the defendants cited by the court below is not individually explained to the defendants at the court below, and it cannot be admitted as evidence of guilt since the summary was not publicly notified. Second, even if it is not so, the defendants can not be admitted as evidence of guilt because of the improper prolongedness of physical restraint or the serious adviser at the investigation agency (judicial police officer) in the above court of the court below as to the preparation process of each prosecutor's protocol in the court of the court below, and it is not recorded as the defendants' statement while forcing the prosecutor to make a confession without giving notice of the right to refuse to make a statement or to peruse the protocol, and the prosecutor's written opinion was prepared by the investigation agency and the prosecutor's answer was made. Thus, each of the above articles in the interrogation protocol or the statement of suspect prepared by the prosecutor is not admissible as evidence, and there is no evidence that it is not admissible as evidence of evidence.

(4) The court below erred in the misapprehension of Article 1 subparagraph 2 of the National Security Act, Article 90 (2) of the Criminal Act, and Article 4 (2) of the Anti-Public Law, which affected the conclusion of the judgment. First, the court below erred in the misapprehension of legal principles as to guidance duties, since Defendant 1 was engaged in guidance duties with respect to anti-government organizations, he is punished at a rate under Article 1 subparagraph 2 of the National Security Act, but he is engaged in guidance duties. However, he is engaged in guidance duties. It means that he is actively engaged in guidance duties, such as taking part in important decision-making or directing important activities. However, even at the time of the judgment of the court below, he does not evaluate any of the so-called "Defendant 1" as guidance duties. Thus, the court below

Second, the court below found the Defendants guilty on the part of the crime of conspiracy of insurrection, but there is a need to act in a group organized by many people to establish the crime of conspiracy of insurrection, there is a common purpose in the Constitution for them, and there is a need to commit riot as a means to achieve its purpose, and thereby, the peace in the local community should be harmed. Thus, the crime of conspiracy of insurrection is established only in the case of inciting the Defendants to commit the crime of conspiracy of insurrection. Since any of the facts of the crime of conspiracy of insurrection against the Defendants can not be evaluated as constituting the element of the crime of conspiracy of insurrection, the court below erred by misapprehending the legal principles on the interpretation of the crime of conspiracy of insurrection, and third, the court below erred by misapprehending the legal principles on the interpretation of the crime of conspiracy of insurrection and application of statutes, and the court below did not recognize the Defendants’ possession, distribution, and expression of the contents of the crime of conspiracy of insurrection as an anti-government organization, but did not err by misapprehending the legal principles on the content and content of the above anti-government organization.

(5) Lastly, the judgment of the court below against the Defendants is too unreasonable because the amount of each punishment sentenced by the court below is too unreasonable.

2. Summary of the grounds for appeal by the Defendant 3 and 4 and his defense counsel, Nonindicted 2

(1) Since each protocol of interrogation of the Defendants prepared by the prosecutor, which the court below cited as the main evidence of conviction against the Defendants, was prepared in the atmosphere where the physical detention was unfairly prolonged, the illegal suspicion by judicial police officers, and the arbitrative fear and mental and physical appearance were extended, the arbitrity of the statement should be denied. The court below acknowledged the facts of crime by using it as evidence of guilt, which is erroneous in the misapprehension of facts by using the arbitrative evidence.

(2) The Defendants had heard North Korea’s philosophical broadcasts over several occasions, read the book of “philosophical correction”, and participated in student demonstration. However, the North Korea philosophical broadcasts were heard in a simple mutual trial, and philosophical correction was intended to learn Japanese language, and there was no fact that philolosophical correction was praise, rubber, or aided with anti-government organizations. In student demonstration, the Defendants took part in a passive part without being able to do so as a student, and there was no fact that the Defendants participated in the demonstration or preliminary and conspired to conduct an assembly or demonstration, and the lower court convicted the Defendants of the facts charged, which affected the conclusion of the judgment, and there was an error of law by mistake of facts that affected the conclusion of the judgment.

(3) Finally, the judgment of the court below against the Defendants is too unreasonable because the amount of punishment against the Defendants is too unreasonable.

2. Determination on the grounds for appeal

1. All of the grounds for appeal

The Defendants are written in the statement of reasons for appeal that contests all facts in the statement of reasons for appeal, but this does not constitute a legitimate reason for appeal since it does not constitute a legitimate reason for appeal. Therefore, the court of appeal does not decide on it.

2. The part concerning the admissibility of the prosecution protocol

The procedure at the trial date, which is written in the protocol, shall be proved only as it is. According to the evidence list of this case's trial records, it is evident that the contents of this case's evidentiary documents were presented in the trial court and notified as well as the opinions of the parties. The suspect interrogation protocol or statement of the defendant prepared by the prosecutor is admissible unless there is any reason to suspect that the defendant, who was the suspect, had signed and sealed it in the trial court, has no discretion, and it is not reliable. (See Supreme Court Decision 74Do2523 delivered on June 28, 197, and Supreme Court Decision 74Do2523 delivered on June 28, 197). Thus, it cannot be found that each prosecutor's interrogation protocol or statement protocol of the defendant prepared by each prosecutor, which recognizes its formation and voluntariness in the trial court of each court of the court below, has no discretion and its contents are not reliable. Thus, it cannot be said that there is no violation of law of evidence by adopting each protocol of examination of the defendants prepared by the prosecutor as evidence.

3. Part concerning the dispute between the anti-government organization and the criminal intent of the private school.

(limited to the defendant 1 and 2)

In light of the records, the court below's comprehensive review of various evidences (in particular, the defendants' statements at the court below and the prosecutor's office, and the testimony of the witness at the court below and the witness at the prosecutor's office, and each statement of the witness at the prosecutor's office) that have been adopted by the court below after lawful examination of evidence was conducted by the court below, it is just that the defendant was an organization that was engaged in activities according to the routes of the Kim Il-sung's industrial department of North Korea's Kim Il-sung group in actual circumstances (refer to Supreme Court Decision 80Do2570 delivered on December 23, 1980, and 80Do2570 delivered on the witness at the court below's office) as a whole, and it can be recognized that the defendant was aware that the public volunteer was an anti-government organization.

4. Recognition of criminal facts against Defendant 3 and 4

In light of the records, a comprehensive review of various evidences duly adopted by the court below can sufficiently recognize the defendants' facts constituting the crime of this case as judged by the court below, and there is no error of law as otherwise pointed out in the court below's fact-finding process.

5. The part concerning the defendant 1 and 2 and his defense counsel's violation of law

1. The author argues that, even if the title itself is its title, it is easy for the Defendants to easily understand that the use of, or reproduction of, some of the expressions, such as the “declaration of Notarial Party”, “Declaration of Notarial Party”, “Declaration of Notarial Party”, etc., was an act in the field of public relations, praise, and rubber. According to the evidence of the court below at the time of the trial, the Defendants were aware of the fact that the above expressions were reproduced, stored, distributed for the purpose of benefitting anti-government organizations. Therefore

2. The lower court out of the facts charged against Defendant 1:

At around 12:00 on August 29, 1979, the Defendant confirmed mutual safety by connecting with Defendant 2 and Nonindicted 3 at the multi-source department located in the Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, and confirmed the mutual safety. Nonindicted 3, “The operation of the flame 1 that has been carried out at this time, was the strong encouragement of Nonindicted 3, which read, “The operation of the flame 1 that was carried out at the same time, on the fiveth floor building next to the Seoul metropolitan station where Korea set forth in the same section, and on the non-indicted 3, that the printed materials and the franc card was distributed successfully, and the outcome was cut.”

9.3. 17:00 on March 17:0, 200, in the 2nd Gando Spodo Spodo Spodo, the phrase “any defect that has a meeting of evaluation on the spread of this leaflet” is instructed.

On March 17:00, at around 17:0, the Kimpo-ro, the 2nd Han River in the forest speed, meet with Defendant 2 and Nonindicted 3, and spreaded on August 28, 200, “the tension so that he can kill and sat down the string of the string of the string of the string of the string.” The string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 20th century, he was killed by the string of the string of the string of the string of the string of the 200s.

We died of mar’s horse, price, alk, alk wage, collective damage, and unemployment flood, we died of thirst. The Urban Industrial Complex Association, whether open or open, was the president of the Democratic Kim for Restoration of pit in a day, and Nonindicted 6 was the mar of fraud due to the crime of harming farmers, and the new father was the marbation.

the secretary, the secretary, the secretary of the U.S.A., shall do so.

Monobs, who were frightened only by fraud, intimidation, violence, kidnapping, adviser, and murder, are the house in which the human slaughter is required, and the body of the body of the body of the body of the body of the body of the body of the body of the body.

Doz. Doz. Doz. Doz. Doz. Doz.

Freedom and survival will be avoided. It is only a conflict between freedom and survival.

f. Handb, f.h. at the f.h. high pressure of ref.

The rack breadth of the voltage breadthed by cutting down the voltage;

Magman Magman Pool for Anti-Corruption

on August 28, 1979

Having received one copy of the printed material from Nonindicted 3, read it, and evaluate the stude of the group.

x) meet with Nonindicted 3, who was sent to the Defendant’s residence on September 1, 1979, at around 14:00, on the first day of September 197;

From :

Upon completion of one university labor union containing the content of emphasizing the contradictions of capital and socialism under the Mosidong's "Monomenm theory";

From :

After learning the contradictions in this Nowon-gu, and then reproducing it to another Nowon-gu, and returning it together with the original, with the original, after receiving instructions from the person who received the instructions, and making a reproduction of the same at the same time with the search and learning of it.

x At the time of the conference with Nonindicted 3 during the exhibition at the time of the meeting of the Maternae Museum located in the Materne Museum located in the beginning of the same month at around 20:00, it shall be returned to him/her along with the original “Maternal” and simultaneously returned to him/her.

From :

“This shall, if it is discovered to an investigation agency of the Declaration of the Industrial Complex, learn with a high risk, and pay attention to Defendant 2, and then send back this machine to another university labor union and return it in the original form, together with the instruction that “I shall return it in the same manner as the original”.

“The development and administration of the calendar began from the high-class society and the capitalism is inevitably destroyed. Korean workers' women's women's women's women's women's women's women's women's women's women's participation in the University No. 1 of the Republic of Korea, and search and study while keeping them in the Defendant's house;

× 동년 9. 초순 일자미상 18:00경 서울 제기동 소재 전시 “샛별다방”에서 상피고인 2와 접선, 회합하고 그에게

The phrase “this shall be understood with due care because the dangerous contents are contained in the Declaration of Public Party” and shall be reproduced in another university labor union and returned together with the original,” together with the instruction of “hing and learning.”

× 동년 9. 중순 일자미상 17:00경 위 “샛별다방”에서 공소외 3과 접선 회합하고 그로부터

“This is the translation of this part of the content of this State theory “, which is the translation of this part of this State’s theory, and capitalism takes place due to inherent contradictions, and thus, the capitalism is debrisoning. Therefore, attention shall be taken to study, learn and copy it to Defendant 2 with the same guidelines as before and after that time, and return it like the original document.”

2.On the one hand, keeping, searching for, and learning over 20 copies in person:

× 동년 9. 중순 일자미상 18:00경 위 “샛별다방”에서 피고인 2와 접선, 회합하고 그로부터

By searching and learning French books, such as searching for, and learning, one copy of the copy of the above Declaration of Notarial Party and one copy of the copy thereof at the same time, which is returned to the original and one copy of the reproduction thereof, and publicly announcing the armed conflicts to achieve its purpose as a member of an anti-government organization;

x Nonindicted 3 who visited Nonindicted 16:00 on the first and second date of October 1979, to the upper residential area at around 16:00, from the contact line

If there are things that could be the same problem in the same manner as the one occurred, the defendant was ordered to dispose of and until contact with the other, and the defendant was directly arrested by the investigative agency and purchased from the rest of the usual office, and kept and searched in his/her own custody, after purchasing from the rest of the usual office, some of his/her assistants were arrested by the investigative agency.

- Tellers, presses “education for the public”

- The lusium “the lusium and rank formula” in the Port of Liberia

- The U.S. E. E.L. S. S. S. Socialist humanitarianism

- French wave low “persons who have been the low owner of the site”;

The evidence shall be destroyed by burning the right of 5 in a shot in the vicinity of the kitchen at the same time, and the evidence shall be destroyed by burning it into the baby of the kitchen

on October 21, 1979 x 21:00 contact with Defendant 2 by a public telephone that is located in an aestheticly food store near the above residence;

applicable to him:

- Removal of “the nationalism” and other doubtful measures, first of all, as part of our organization has been exposed, which would be doubtful.

- Ordering to wait at the home to communicate with telephone at intervals of two to three days;

x At around 13:00 on the mid-term 10th day of the same year, the Hongdong-gu Seoul Metropolitan Government Hongdong-dong at the main station located in the U.S., and meet with Defendant 2, Nonindicted 3, and Nonindicted 3.

"A person who has been exposed to the situation shall continue to contact in the future, and where there is no telephone to confirm whether the upper line is safe by telephone at intervals of five days on the lower line, it shall be known that the person has been arrested and that the person has been arrested."

A. Upon receipt of instructions from I, I believe that I would like to be arrested by I, on November 1 of the same year, that I would like to not have returned to I, while I would like to receive instructions from I, I would like to say that I would like to say I would like to have been arrested by I, I would like to leave I, I would like to be "I, I would like to be a member of the I, I would like to be a member of the I, I would like to be "I, I would like to be a member of the I, I would like to be a member of the I, I would like to be a "I, I would like to be 24 years old, I would like to be a member of the I, I would like to be a person, and that I would like to believe I would like to be a private teaching institute (number omitted) of Jung-gu, Seoul, Seoul, which was a student of I would like to be a member of the I, who would like to be a member of the I

At the beginning of November 1, 1979, at around 11:00, Defendant 2 and Defendant 2 met on the street side of the cultural station located in Jungdong-gu Seoul, Jungdong-gu, Seoul, and at around 11:00, Defendant 3 knew that “ Nonindicted 3 knew that he was arrested without returning home by no later than 5:00 p.m., Non-Indicted 3 was arrested, and 5:0 p.m. 5:0 p. 5:0 p.m., the 5:0 p.m. reported that he was found to be an engine and entered into the Jeondong-dong, and

On the other hand, the internal problem is the direction that the meata means to find out the internal and the width of the meata at a safe place;

x 11. On the first-comely 10:00 on the date, at the same location, reconvening with Defendant 2 again, and to that person.

B. Article 1 (2) of the National Security Act provides that "B shall be punished in proportion to Article 1 (2) of the National Security Act, on the ground that he/she is a member of an anti-government organization and has been engaged in guiding duties for the accomplishment of its purpose as a member of an anti-government organization (Article 1-4 of the Public Prosecution).

However, a person who has been engaged in the so-called leading duty under Article 1 subparagraph 2 of the National Security Act refers to a person who has engaged in an important role or leading activity for the group in question, regardless of his status within the group in question (the Supreme Court Decision 4284No. 115 delivered on April 10, 1951).

When Defendant 1’s series of acts in the private school of this case is inferred, the Defendant introduced Co-Defendant 2 to Co-Defendant 3, joined the private school of this case, made Co-Defendant 2 enter the private school of this case with non-indicted 3, instructed Defendant 2 to learn by receiving non-versives from Non-indicted 3, make Defendant 2 copy or learn of this, and when the private school of this case received the number of times from the authorities, the Defendant instructed Defendant 2

Thus, the above series of actions by the defendant cannot be determined to have been engaged in the guidance duty, and the decision of the court below which judged that the defendant was engaged in the guidance duty although there is no other evidence to support that the defendant was engaged in the guidance duty, is illegal, and therefore the appeal of this point is reasonable.

3. Of the facts charged against Defendant 1 and 2, the lower court

(1) Defendants

x At around 12:00 on the lower day of August 1979, Nonindicted 3 shall meet with the “Slundog” located in Seongdong-gu Seoul, Seongdong-gu, Seoul, at around 12:0, and from Nonindicted 3.

- From the end of August, 200, our Democratic Gu student franchis, etc., Korea is going to simultaneously spread printed materials that form the central government strike against the elements of the elements in Seoul Special Metropolitan City, and us is also taking part in this activity by 3 people in accordance with the upper order to participate.

- Places assigned to us are the fiveth floor buildings adjacent to the Seoul Station, and spraying are the wires to be installed directly inside. If the people are exposed to it at that time, signal signal be made by the elevation of the people.

- By the direction that the bus stops should return back to each other on the end of spraying and return back to the bus stops with a bus stop, and that the increase shall first go back to the bus stops, and in accordance with the direction that us is to confirm the place assigned to us; and

With Nonindicted 3, at the time of urban bus arrival in Seoul Station and the location of the above building, answer the spraying site by identifying the location of the above building;

Around 18:00 on August 27, 1979, Non-Indicted 3 and met in Yongsan-gu Seoul Metropolitan City’s “rogate bank”, and from Non-Indicted 3, “this is only made by another team of our organization, not by the inner body.” The spraying time is 18:30 a day, and the spraying method is 18:30 a day, if it is inflammable on the strip by attaching a cigarette to the sprink of packed printed articles, it is naturally scattered, so it is absolutely safe, and is unlikely to be arrested. In addition, with respect to each person’s safety, it is a defect to confirm only from “Dawon Agenda” in the newly established 18:00 dong on the following day.

Upon receipt of the instruction of the above three persons, the above three persons gather that the above three persons are able to carry out orders in order to accomplish the purpose of the anti-government organization by carrying out a towing practice on the window of the stairs of the third floor and the second floor in the above building by Defendant 2 and Defendant 1 on the stairs of the third floor, and Nonindicted 3 is able to carry out the order in order to carry out the purpose of the anti-government organization.

x around 18:00 on August 28, 1979, at the same time as Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government Ampire with Nonindicted 3, and observed that Nonindicted 3 was placed under the name of a customer, with a height of 20% high of 32 Section, which was brought up by Nonindicted 3 by inserting in the department store shopping bags, and Nonindicted 3 was instructed by Nonindicted 3 to “I am under the direction of a customer, I am under the direction of “I am under the direction of a member of the group, I am under the command of a member of the group, and I am under the command of a young youth of 28 years of age who is judged to be a member of the group, and I am under the direction of Nonindicted 3 to “I am under the direction of a member of the group. I am under the command of a member of the group, I am under the command of a member of the group, and I am under the command of a member of the group.”

(2) Defendant 1

- around 19:00 on the first day of February 1980, at around 19:00, Nonindicted 8 (24 years of age, and attending the military school on June 80, 198) who resides in the annual reserve position in Mapo-gu Seoul Metropolitan Government, Mapo-gu, Seoul, as well as in the military service at the graduate school of a household, contact with the Dong, and

B. He hears the phrase, “B is taking the lead of entering a graduate school, entering a lecture of the Human Research Council in the school, taking part in the council of human beings in the school, but they are in the situation where the activity itself is low due to the relationship between the military in the place of detention and the military in the past, and has entered the military for a long time, so it is actually a situation that there is no time to take the lead of the human research council to do so.”

The term "Council of German Students" that has joined the school at the time of attending the school has no influence on the "Council of Korean Students", and where the activities are insufficient, it shall be the same as each other in the school.

The introduction of a person who is enrolled in the new department and who is engaged in the new department and who is engaged in the "News Association" shall be recommended as follows: "Doing and pedaling in order to establish solidarity and active activities between the people and each other and to obtain his/her consent."

x 2. At around 10:00 (Name omitted), Defendant 2, Nonindicted 8, and other persons were introduced in the mutual aesthetic cultivating house near a private teaching institute, and then to the Dong in the middle of the same year.

“Dubals shall be given much assistance to frequent or activities in the future, and Non-Indicted 8 shall enter the Gun with no money, so that Defendant 2 may take over and grow well,” and shall operate behind the city with the aim of organizing and maintaining a clean in the future for the purpose of causing an internal demonstration by organizing and maintaining the clean in the future;

5. On the second half of the year, at around 18:00, at the cultural hall located in Jung-gu, Seoul, Jung-gu, Seoul, to meet with Defendant 2, and thereafter:

Upon receipt of a report stating that “I have made the production and distribution of printed materials for the anti-government strike, such as Non-Party 8, mainly with the content of the Gwangju situation at once.”

“In the event of arrest in the course of spraying printed objects, us shall be subject to heavy punishment on the face of the fact that she has joined the South Korean territory, and she shall go to the highest line and act closely in the behind,” and

6.S. On the first half of the year, at around 12:00, the first half of the year and the second half of the year, Defendant 2 and the second half of the year in Jung-gu, Seoul and the second half of the year.

- Former regime

- The press shall participate in democratization movements.

- The response of the Gwangju citizen who died in the knife will be sent to the challenge of the Gwangju citizen.

production of printed material in the name of the General Council of Students, and upon receiving a report from the same person, that the volume of 150 copies in and near the public telephone gambling in the name of Non-Party 8 was distributed to that person.

The so-called "before they were arrested, but our people will be subject to aggravated punishment, and the next citizens will only be able to live in the hinterland by presenting a direction for the student movement." (Article 1-6)

(3) Defendant 2

x From February 1, 1980, at around 10:00, on the first half of February 1980, Defendant 1 came to contact with the Jung-gu, Seoul, Jung-gu, Seoul.

“This portion shall have a significant influence on the joint and several emotional activities in the future,” with the horses, and with the introduction of Nonindicted 8 present at that place, exchanged their mutual personnel, and continuously, upon Defendant 1’s order from Nonindicted 1, “to have Nonindicted 8 enter the Gun, and to have it grow well by being transferred to the Gun,” and discuss the activity plan for the future student movement together with Nonindicted 8;

First of all, Nonindicted 8 is in charge of the education of Defendant 4, Nonindicted 9, 10 (22 years of age, 4 years of age, 11 (24 years of age, 24 years of age, machinery, and 4 years), which is 78 years of age, and the Defendant reports on the principle of agreement that the Defendant will take charge of external activities, such as the organizational expansion of a clean, etc.

x at around 17:00 on the first day of the second half of the same year, Defendant 4 and Nonindicted 9 shall meet in the middle day of the same year with Defendant 4 and Nonindicted 9;

For Dong-man

The term "Korean Society for Social Science" shall be organized by a university-based institute so that only the students of the new department may open a "Korean Society" and participate in other university students."

The consent of the members shall be 25 persons, and the agreement shall be reached that the members will develop into the whole organization of the civil-public movement through the Modema, thereby developing it into the whole organization of the civil-public movement through the Modema, and thereafter, the organization shall begin at the end of April of the same year, securing 20 members, including Defendant 4 and Nonindicted 9, and strengthening the core organization of the civil-public campaign for the anti-government strike by organizing a clean with students in the year of the so-called "Korea Social Science Research Council" at the end of April of the same year;

× 동년 5. 초순 일자미상 12:00경 연세대 학생회관 앞 잔듸밭에서 상피고인 3, 4, 연세대 기독학생회장 공소외 12(21세, 법학과 4년), 동 인간연구회 회장 겸 동 대학 써클연합회 회장 공소외 13(22세, 철학과 4년), 동 탈춤연구회 회장 공소외 11(24세), 동 평화문제연구회 회원 공소외 10 등과 접촉, 반정부의식과 교육을 통해 이들을 규합할 목적으로 자본주의 사회의 모순에서 오는 근로대중의 비참상을 소개하기 위하여,

Defendant

The term "any defect that is found in the invitation of the mother and the lectures of the pre-stigious women who died in the peace market in accordance with the working conditions by using this festival period."

The proposal is to obtain the consent of the members, and the total direction is to be made for the preparation of a meeting for the invitation of the members of the Egyptian, the general direction is to be made by the defendant; the general secretary is to be made by the defendant; the communication between the members of the Egypt Research Council and the non-indicted 11 and the non-indicted 10 is to be shared with the duties; from that point of view, the contact between the members of the Egy

Defendant 3, 4, Nonindicted 10, 11, and 12 on the first and fourth day of the same year at around 10:0, on the first and fourth day of the same year, in movable property adjacent to the sports sites in the university, and Defendant 3

The term "the removal of emergency martial law" under the supervision of the General Students' Council is decided to be the agricultural nature requiring the "elimination of the so-called "elimination of emergency martial law", and it has been decided from 1 p.m. to 1 p.m., and from 1 p.m. to 1 p.m. in the student hall, it was decided that the total student conference, the board of representatives, the p.m. federation, the expulsions, and the representatives gather to formulate a detailed action plan. Accordingly, the invitation of this suit was indefinite and to be convened to the first room in the student hall by no later than 1 p.m. at that time."

this proposal and consent, and at the end of each other:

- At the first stage, the first stage of May 6, 80 to May 7, 200 shall have an interest in the present country of the ordinary students for two days;

- From May 8, 80, the second step is to enter the national embling and farming nature while demanding the withdrawal of oil residues, the rescission of emergency martial law, and the drilling of fishing professors, in an indefinite manner from May 8, 80.

I agree to present a full-time representative opinion, such as Defendant, in the plenary session of a student representative with respect to the above student farming;

x At around 19:30, at the house of Non-Indicted 14 (the 23 years of age, the 4 years of age, the 10, the 14 years of age, and the 15 (the 21 year of age, the 4 years of social department) of the members of the Human Research Council for the Annual Generation, who reside in the Magwon apartment located in the Si-Gun of Gyeonggi-do, the defendant 3, 4, non-indicted 9, 10, 14, and the 15 (the 21 year

As a result of the consultation with the committee of 10 members of the highest direction department in charge of the General Students' Council, "To make the necessary permit fee in the form of the former, Nonindicted 16, 17 and to observe the school curriculum."

upon receipt of a report:

Defendant

The term "Larihium shall be made by Nonindicted 14, and Defendant 3 shall control the correspondence."

Order : Giving instructions

Defendant 3

Instigates an illegal assembly and demonstration, such as expressing a resolution "I Dok Eup Dokh", to instigate it;

x 5.6. 14:00 on June 14:00 of the same year, consisting of 8,000 people mobilized into a fembal demonstration, etc. in the school and a femalian femy that was held as the femal of the Republic of Korea by the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class

“Elimination of Emergency Martial Law”

The term "Iropia Poura"

The term "presorra"

“Non-Indicted. 17 watererra”

c) take part in the demonstration with the outside of such relief and actively participate in the demonstration;

x 5. On the second half of the year, at around 18:00 on the second half of the year, Defendant 1 and the contact office in Jung-gu, Seoul, Jung-gu;

“To prepare and spread printed materials together with Nonindicted 8, mainly with the content of this Gwangju incident.”

report, and the report

“If an arrest is made in the course of spraying a printed article, if we clarify that he/she was a member of the South Korean Civil Code, he/she shall be subject to aggravated punishment, and he/she shall go to the highest line and act closely in the behind.”

x around 17:00 on June 4, 198, meetings with Nonindicted 10, 11, 18, etc., who were three years of birth with Nonindicted 8 and a year in the name of the south East East Eastern of Seodaemun-gu Seoul Metropolitan Government, and those meetings for them.

The term "after obtaining the consent of his/her members by proposing that he/she produce and spread printed materials with the main contents of the Gwangju incident to the public."

- Fraud and preparation for publication shall be the accused, Nonindicted 8, 10

- Preliminary for pit shall be non-indicted 8

-The place of production is agreed to share their respective duties, such as determining the place of production to Nonindicted 8, 200, Seoul, South Eastdong, Seoul, as the case may be,

Around 07:00 on June 6, 200 of the same year, Nonindicted 8, 10, and Joint Family, and Nonindicted 19 (year 23), etc., and 4 years Nonindicted 19 (year 23), side of a pair of buildings in Jung-gu in Seoul, and one fraud, such as the process of manufacturing printed materials purchased by Nonindicted 8, from a scenic door room in front of the name, and one log (No. 2), and one car (No. 3) with the above 3 taxi, and the above 8’s joint and several national language and the 30-year Ga, which are the ship owners of Nonindicted 8 in Seoul Dong-dong, Dong-dong, Seoul, were kept in front of 30 years of age, and the 8 was concealed in his residence, and the 8 was found again in his residence.

x around 17:30 on June 8, 198, meetings of Non-Indicted 8, 10, 11, 18, and 3, etc. from the Seodaemun-gu Seoul Metropolitan Government Scenic Zone “Pungk” located in the Dong-dong of Seodaemun-gu, Seoul, with Defendant 3.

The term "the Lao is a meeting to create and spread a printed matter, the subject of which is this Gwangju incident, and Defendant 3 is also a defect at the same time," with his consent, and on the premise that he is the truth of the so-called Gwangju incident;

"A large number of persons who died of approximately 2,00 people and died of approximately 2,00 people."

The members of the public quarantine unit met with 5 people of the United States, including Defendant 3, etc., who were waiting in the atmosphere at the time of 22:00, and all of the members of the Gwangju Women's Team met the horses such as "Seoul Women's Republic of Korea", and "Seoul Women's Republic of Korea", and "the people of the Republic of Korea" and "the people of the Republic of Korea have no more than 8 people of the United States," and "the people of the Republic of Korea and the people of the Republic of Korea have no more than 1 people of the Republic of Korea," respectively, who have agreed to prepare new articles in the process of raising the name of "the people of the Republic of Korea" and "the people of the Republic of Korea have no more than 8 people of the United States, who have come into the atmosphere of the Republic of Korea at the time of 22:00, the production of printed articles at the time of the people's gallery," which are "the people of the Republic of Korea, who have agreed to be able to keep the new articles.".

I propose that the term "as the gold situation is a political transformation, it should mainly focus on a political issue."

Defendant 3

At the same time, the defendant raised an objection that "at the same time, there is no obvious well-being, as well as early as early as early as early as early as possible," and again raised an objection that "at the same time, there is no obvious well-being," and the defendant also raises another objection.

If so, the term "the principal offender to be invaded by finding distorted reports of the press" shall be referred to as "the principal offender to be invaded", and the agreement shall be reached thereon.

Nonindicted 8’s “F. 10. 10” is called “S. 10. 10”

- Korean history is getting back to the anti- democratic pacific pacific pacific pacifism.

- Doing up to the leader of the national anti- democraticization in the Republic of Korea with heavy capacity to strengthen all democratic capabilities “

- Unless a journalist is plucker, plucker, plucker, or plucker who leads to people, even if sees the body of a Korean national, for democracy, the journalist can play recklessly.

- As a member of the Korean reserve forces, he was killed in the total knife of the par-packers of the previous day and sent to the avoidance of Gwangju citizens.

§ 40,00

The term "At the same time and place where the defendant, the defendant, the defendant 3, the non-indicted 10 et al. have 300 copies of the new wall from 05:00 on the following day, and the following spread date and place where the defendant, the non-indicted 8 and the non-indicted 10 have agreed to share their respective duties, such as taking full charge of the non-indicted 8 and 10 and taking full charge of the defendant's boundary. At the same time, the non-indicted 8 and the non-indicted 8 and the non-indicted 10 x June 10, 100 x the non-indicted 8, the non-indicted 10 et al. arrive under the Non-indicted 8 and the non-indicted 10 et al., and the non-indicted 8 and the non-indicted 10, et al., who have made their contact to the Dong 2-year's name and spread to the non-indicted 150 Dong Dong-dong."

Around 12:00 on June 11, 200, Defendant 1 and Defendant 1 met at the center of the Jung-gu Seoul Jung-gu's Jung-gu's Jung-gu's Jung-gu's Jung-gu's office, and reported the situation of spreading the above contents to him.

If us is arrested even before it, she shall be subject to the aggravated punishment, and she shall be subject to the so-called 's order to operate in the hinterland by presenting the direction for the student movement' (Article 2-5).

(4) Defendant 2

Around 14:00 on the first half of August 1980, meetings with Nonindicted 10, 11, and 18 from the cross-American point of view in Dongdaemun-gu, such as the Clean Ri, etc., and for those persons;

In the direction of expanding the student organization of the Republic of Korea for the strike of the Republic of Korea, "any defect that leads to the conclusion of a representative team in the Republic of Korea with the center of the 79th class (79 students)", after obtaining consent from those persons, and after obtaining a resolution to promote the physical activity of each appropriate person.

x At around 17:00 on the lower day of the same year, the Defendant also meet with Nonindicted 9, 10, 11, etc. at the office cafeteria located at the entrance of the Seodaemun-gu Seoul Metropolitan Government New Village, etc., and Nonindicted 21 (year 21) at the dong-gu 79th class correspondence at the Dong-dong 79 school.

Nonindicted 9 agreed that Nonindicted 22(21) of the Korea Social Science Research Council, Nonindicted 23(21) of the said Council, Nonindicted 10 of the said Council, recommended Nonindicted 24(21), Nonindicted 25(21), and Nonindicted 26(22) of the said Council, respectively, to form “79 Team” in the said six names, respectively;

】 At around 16:00 on the mid-term 9th day of the same year, at around 16:00, the first group after the formation of 79 team from the Simnae House located in Mapo-gu to Non-Indicted 21, 22, 25, and 26, and the members of the Dong in contact with Non-Indicted 21, 22, 25, and 26. The members of the Dong in this year “The present generation now is conducting a student movement with the beginning of 3-4 years, but the beginning of the year in which the second year of the largest 2 years will become the main axis, it has maintained a positive cooperative relationship between each other in the school in preparation for it, and has instigated it to cause a large-scale government strike continuously and systematically in the future (Article 2-6 of the Public Prosecution).

(5) Defendant 2

around 17:00 on November 17, 1980, meetings with Defendant 4 in front of the gymnasium for the foregoing generation, which:

He shall hear the words "to call for the mobilization of the members of the Korea Social Science Research Council that would serve in a different team at the same time," and shall meet with Nonindicted 10, 11, and 18 in the first place of the preceding generation of the same 18:00, and shall meet with them at the first place of the preceding generation of the same 18:00.

“In order to contact 1-2 years of Round members who are each eligible to take part in the other team of the internal day with each other and to systematically induce the screen so that many students can be mobilized to the mother, by means of the Haura mother’s flag, to improve the atmosphere;

November 18, 198 x Defendant 4 and its meetings at the Ptdry field in front of a cafeteria for joint and several students.

The phrase “a person driving in the Republic of Korea is Nonindicted 27 in the economy and the second year,” and the phrase “a person driving in the Republic of Korea to the maximum extent possible, by directly mobilizationing lux members as a main axis.”

】 From November 18, 198 to December 12:00 of the same year, approximately KRW 1,500 in front of the student restaurant of the same year, and the screen in a fake.

- - Electrical Russia

- Freedom of press

- The release of detained students

As to the so-called ‘illegal demonstration' for the purpose of the current regime' and the so-called ‘aggressive participation' (Article 2(8) of the Criminal Act, it constitutes the crime of insurrection, inciting and promoting the same, and is punished in accordance with Articles 90(2) and 87 of the Criminal Act.

According to the evidence of the court below, even though the defendants joined a public-private partnership which is an anti-government organization, and committed the above series of acts as a member of the court below, in order to establish the crime of conspiracy for insurrection, the crime of insurrection is a necessary accomplice (collective group). It does not constitute the crime of insurrection, but the purpose of insurrection is required to be the direct purpose of the whole group, but is not direct purpose, and the situation of the constitutional disturbance is expected with the anti-government demonstration. Thus, it is not possible to conduct an anti-government demonstration against the general public or students without a group purpose (see Supreme Court Decision 66Do1056, Mar. 5, 1968; Supreme Court Decision 66Do1056, Mar. 5, 196). However, even according to the facts itself, the defendants' decision did not instigates the members of the anti-government organization, but in order to establish the crime of conspiracy for insurrection, the general public or students did not constitute a crime of conspiracy for insurrection, and there is no evidence that the Defendants were actually an anti-government organization or a superior organization.

Therefore, the court below recognized that the court below erred by misapprehending the legal principles as to the crime of conspiracy of insurrection and thereby affected the conclusion of the judgment.

6. Determination on the grounds for appeal of unfair sentencing against Defendant 3 and 4

Examining the various circumstances duly investigated by the court below in detail, such as the motive, means, result, age, character and conduct of the Defendants, environment, influence on schools and society, and circumstances after the crime, etc. of the above Defendants 3 and 4, even in consideration of the circumstances asserted by the above Defendants or the prosecutor, the sentence of imprisonment with prison labor for each of the above Defendants 3 and 4 and the suspension of qualification for each of the above Defendants 5 years is too heavy or unreasonable.

7. Conclusion

Therefore, all appeals filed by the defendants 3 and 4 and the appeal filed by the prosecutor against the above defendants are without merit. Thus, they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The judgment of the court below is reversed and a party member is again decided in accordance with Article 364(6) of the Criminal Procedure Act, where it is unnecessary to determine the remaining grounds for appeal against Defendant 1 and 2.

C. Judgment of the party members against Defendant 1 and 2

In addition to the dismissal of Defendant 1 and 2 on the facts constituting the crime as follows, it is identical to that of the lower court, and the summary of the evidence is as stated in the corresponding column of the lower judgment, and therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Of the facts of the judgment below with regard to Defendant 1, the part of the end of facts of Article 1-3 of the judgment of the court below that "At the same time to instigate insurrection to achieve the purpose of an anti-government organization by subverting the Constitution of the Republic of Korea" and Article 1-4 of the end of facts of Article 1-1 of the judgment of the court below that "at the same time, as a member of an anti-government organization, he is engaged in guiding duties to achieve the purpose of an anti-government organization" shall be deleted, and the part that "at the same time to instigate and propagate insurrection to achieve that purpose" shall be deleted from the end of facts of Article 1-1-2 (2) of the judgment of the court below as stated in the end of facts of Article 2-2 (2) of the judgment of the court below as to Defendant 2, " at the same time to instigate and propagate insurrection to achieve the purpose of an anti-government organization" shall be deleted.

(6) Article 2-2(8) of the end of fact provides that “Inciting, publicizing, and promoting insurrection to achieve its purpose as a member of an anti-government organization,” and Article 2-2(8) of the same Act provides that “In order to achieve its purpose as a member of an anti-government organization, a member of an anti-government organization actively participates in an illegal demonstration, thereby inciting, publicizing, and promoting insurrection to fulfill its purpose.”

Of the so-called judgments by Defendants 1 and 2, the facts of joining or soliciting each anti-government organization under Articles 1-1(1)(2) and 2-2(1) of the Judgment of Defendants 1 and 2 are as follows: Article 1-3 of the National Security Act (Law No. 1151), Article 2 of the Rules of the National Security Act, Article 3(1) of the Anti-Public Law (Act No. 1997);

Defendant 1-1-1(1), (2), (3), (4), (6), and 2-2(1), (2), (2), and (5) of each anti-government organization, shall meet with the members of each anti-government organization; Article 2 of each anti-government organization; Article 5(1) of the anti-government organization;

Defendant 2-2(6) of the former Assembly and Demonstration Act (Law No. 2648), Article 16, Article 3(2), and Article 3(1)3 of the former Assembly and Demonstration Act (Act No. 2648)

Article 14(2) and Article 3(1)3 of the former Assembly and Demonstration Act that Defendant 2-2 (8) participated in an unlawful assembly demonstration;

Defendant 1-1’s embezzlement of stolens without possession under paragraph (5) of Article 360(1) of the Criminal Act

Defendant 2-2-2(3), (4), and (7) of each anti-government organization’s praises, rubbers, and concerts each anti-government organization’s activities, Article 2 of the National Security Rule and Article 4(1) of the anti-public law;

The fact that Defendant 1-1(4) and Defendant 2-2(3) acquire, keep, and distribute any versive expressions under Article 2 of the National Security Rule and Article 4(2) of the Anti-Public Law;

each applicable in this section:

Defendant 1-1 (1) The crime of joining an anti-government organization and meetings with members thereof; the crime of joining an anti-government organization; the crime of joining an anti-government organization; the crime of meeting with members thereof; the crime of joining an anti-government organization under paragraph (2); the crime of meeting with members of an anti-government organization under paragraph (4); and the crime of acquiring, keeping

Defendant 2-2’s crime of joining an anti-government organization and a crime of joining an anti-government organization and a crime of joining an anti-government organization in Article 40 and Article 50 of the Criminal Act are several crimes because each act constitutes several crimes. As to Defendant 1 under Article 40 and Article 50 of the Criminal Act, the crime of joining an anti-government organization and the crime of joining an anti-government organization in Article 1-1(1) of the Criminal Act, which is prescribed by Article 1-2(2) of the Criminal Act

As to Defendant 2, the punishment prescribed by the crime of joining an anti-government organization in Article 2-1 (1) of the Judgment with heavy criminal conduct;

each punishment;

Each prescribed penalty (if there is a selective penalty), Defendant 1’s possession and embezzlement, Defendant 2’s illegal assembly, demonstration, participation, teacher, and conspiracy, following the choice of each penalty of imprisonment;

Defendant 1-1-1 (1), (2), (3), (4), and (6), and 2-2 (1), (2), (3), (4), (5), and (7) of the Act on the Violation of the Anti-Corruption Act, Article 16 of the Anti-Corruption Act, and Article 11 of the former National Security Act, shall be concurrently imposed on the violation of each anti-government organization's anti-government organization's anti-government organization's anti-government organization's anti-government organization's violation of Article 1-1 (2), (3), (4), (5), and (7) of the Act, and Article 11 of the former National Security Act. The number of crimes committed by the Defendants are concurrent crimes under the former part of Article 37 of the Criminal Act's Article 38 (1) 2, and Article 50 of the same Act's Article 38 (1) of the same Act's Article 38 (1) of the same Act. Defendant 2 shall be concurrently punished within the term of punishment.

The defendants shall be punished by imprisonment with prison labor for seven years and seven years of suspension of qualifications, and one hundred and seventy-five days of detention prior to the pronouncement of judgment by applying Article 57 of the Criminal Act shall be included in each of the above imprisonment years; and

From among seized articles, one light fraud (Evidence No. 2), one rollra (Evidence No. 3), one food board (Evidence No. 4), one log No. 5 (Evidence No. 6), and one log No. 6 (Evidence No. 6) are articles provided for the crime committed by Defendant 2, and are not owned by any person other than the criminal. Thus, they are confiscated from each Defendant No. 2 pursuant to Article 48(1)1 of the Criminal Act. One resident registration certificate seized is the stolen articles acquired by Defendant 1 due to the crime of embezzlement of stolen articles, and it is obvious that the reason for return to the victim is to be returned pursuant to Article 33(1) of the Criminal Procedure Act.

(1) Of the facts charged in this case against Defendant 1, the summary of the facts charged that the Defendant was engaged in the guiding duty by joining an anti-government organization is identical to the contents No. 5-2 and No. 5-2 at the time of the above trial, but it is difficult to view that the Defendant was engaged in the guiding duty even according to the facts charged itself as stated in the grounds for appeal, and there is no other evidence to acknowledge that the Defendant was engaged in the guiding duty as a member of an anti-government organization.

(2) Of the facts charged in the instant case against Defendant 1 and 2, the summary of the facts charged as to Defendant 1-3 and 1-6 of the facts charged and as to Defendant 2-2, (5), (6), and (8) of the facts charged, the summary of the facts charged as to the insurrection, inciting and promoting insurrection against each of the Defendants under Articles 1-3 and (1) through (5) of the facts charged in the instant case is identical to the facts charged in the instant case.

This part of the grounds of appeal also is difficult to view that the Defendants committed insurrection, inciting, and propaganda, even if based on the facts charged itself as indicated in the judgment of the grounds of appeal, and there is no other evidence to acknowledge that the Defendants committed insurrection, inciting, and propaganda.

As to each point, a verdict of not guilty should be made in accordance with Article 325 of the Criminal Procedure Act, but among them, the fact that Defendant 1's leading duty was performed is not only related to the crime of joining an anti-government organization and the crime of joining an anti-government organization, which is found guilty (see Supreme Court Decision 4294No356 delivered on October 5, 1961, and Supreme Court Decision 4294No356 delivered on the same day), but also has a relation of common concurrence with the crime of joining an anti-government organization which

The above crimes of insurrection, instigates, or propaganda against Defendant 1 and 2 are in a mutually concurrent relationship with the members of an anti-government organization which was found guilty of the Defendants, or with the crimes of violation of the Assembly and Demonstration Act. Therefore, the order does not separately render a verdict of innocence. It is so decided as per Disposition by the assent of all participating Justices.

Judge final (Presiding Judge) Kim Jong-dae et al.