Time of commencement of counter-espionage

In the event that a espionage crosses a espionage, it can not be said that the espionage began at the same time, and the degree of the base construction can not be said to have reached.

Article 98 of the Criminal Act

Defendant 1 and two others

Support for Incheon in the first instance, and Seoul High Court in the second instance.

According to the judgment of the court of first instance cited by the original judgment, the court below acknowledged Defendant 1 as a counter-espionage by applying Article 101, Article 98, Paragraph (1) of the Criminal Act, comprehensively all the facts alleged in the judgment of first instance (2) of the court of first instance against Defendant 1, and recognized Defendant 2 as aiding and abetting the said counter-espionage and, in addition to Article 32, Paragraph 1, Item 3 of the Criminal Act, the court below mitigated Defendant 2 pursuant to Article 55, Paragraph 1, Item 3 of the Criminal Act in addition to Article 55 of the Act. However, in the event a counter-espionage between North Korea and North Korea for the purpose of counter-espionage, the court below's judgment is contrary to the purport of the previous judgment of the court of first instance, which is the purport of the original judgment, that

The concept and scope of a counter-espionage is not limited to the military secrets according to the changes and development of the previous three times and the situation, but to expand and interpret it to the national secrets as well as military secrets, such as politics, economy, culture, society, etc. It is also the theory of the lawsuit that the concept and scope of a counter-espionage of the prosecutor is not limited to the military secrets. The defendant's use of a base for the establishment of a base for joining the non-indicted 1 and the non-indicted 2, etc. as well as the defendant's use of a counter-espionage is too vague, and it is necessary to comprehensively process the issues of violation of the National Security Act, and it is necessary to interpret that the scope of the commencement of a counter-espionage should not be limited to the extent that it is not possible to avoid the scope of the commencement of a counter-espionage.

Justices Kim Jong-soo (Presiding Justice)