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(영문) 서울고등법원 2015.01.30 2014재노37
반공법위반
Text

[Defendant Net A] The part of the judgment of the court below against the defendant is reversed.

Of the facts charged in the instant case.

Reasons

1. The following facts are acknowledged according to the transitional records up to the review.

A. The Defendants were indicted as Seoul Criminal District Court 74 high 160, 175, 181 (combined), and 196 (Joint) as charges of violating the public law. On July 24, 1974, the above court sentenced the death penalty, etc. to the Defendant’s net A, who was convicted of all the charges, and sentenced the Defendant’s net B, to the punishment of death, etc., and to the charge that the Defendant’s net B was ordered as a member of an anti-government organization on April 1967 by G, a member of an anti-government organization, and attempted to detect and collect the military secrets as a member of the anti-government organization, and was tried to commit an attempted crime, and sentenced to 12 years of imprisonment and 12 years of qualification suspension.

B. On December 9, 1974, the Defendants appealed against the above judgment. The Seoul High Court reversed ex officio the part of the judgment of the judgment of the court below against the Defendant Party B, and found the Defendant Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party

(hereinafter referred to as the "case subject to review") c.

Accordingly, the Defendants appealed and the Prosecutor appealed against the Defendant’s network B, but the Supreme Court dismissed all the Defendants’ and the Prosecutor’s appeals on April 8, 1975, thereby becoming final and conclusive.

Defendant

On July 2, 2014, the deceased A’s ASEAN and the deceased Party B’s ASEAN claimed a review of the instant judgment subject to a retrial by this Court 2014No37. This Court rendered a decision to commence a retrial on August 12, 2014, and around that time.

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