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(영문) 서울고등법원 2013.11.01 2013노2736
국가보안법위반(자진지원ㆍ금품수수)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. From the time when the defendant was arrested, the facts that the defendant recognized the crime of this case from the time when he was arrested, the defendant was arrested before his departure, and all of the crimes of this case were arrested before his departure, and the defendant left North Korea by leaving his wife and children, and the defendant went back to North Korea by leaving his wife and children, and finally, the defendant was failed to leave his wife and children, and there are circumstances to consider that the defendant was committed the crime of this case, and the facts that the defendant was under a stroke and stroke, etc.

However, the crime of this case is likely to cause direct danger to the life and body of the North Korean defectors who live in the Republic of Korea and their families in North Korea by providing the personal information of the North Korean defectors, such as contact number of 50 North Korean defectors in preparation for re-entry, and commemorative photographs taken with 21 North Korean defectors in preparation for re-entry, etc., and thus, it is not recognized that the sentence of the court below is too unreasonable in light of various sentencing conditions shown in the argument of this case, such as the defendant's character and behavior, environment, means and method of the crime, and circumstances before and after the crime. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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