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(영문) 서울고등법원 2014.12.19 2012재노56 (1)
국가보안법위반등
Text

The judgment below

Of them, each meeting and receipt of money and valuables in paragraphs (1), (3) and (4) of Article 1 of the Decision with respect to Defendant A, and 1.

Reasons

1. Case progress

A. A. The judgment subject to a retrial 1) the Defendant and the Appellant B (hereinafter “Defendant”) and the Defendant Network A (hereinafter “the network”) were prosecuted with F for violating the National Security Act (Seoul District Court Incheon Branch Decision 77Dahap90). On November 18, 1977, the above court found Defendant A guilty of all the charges against the Defendants, and sentenced Defendant B to death penalty, 15 years imprisonment, and 15 years suspension of qualification. 2) The Defendants and the Prosecutor appealed against the above judgment (Seoul High Court Decision 77No1933), and the above court reversed the judgment of the court below on March 17, 1978, and sentenced Defendant A to suspension of qualifications and 15 years of imprisonment with prison labor for each of the charges against Defendant A, suspension of qualifications and 14 years of imprisonment with prison labor for each of the charges against Defendant A, suspension of qualifications for the remainder of 15 years of imprisonment with prison labor for each of the charges against Defendant A, suspension of qualifications and 15 years of imprisonment with prison labor for each of the remainder.

(3) Only the Defendants appealed against the instant judgment subject to a retrial (Supreme Court Decision 78Do969, Defendant A filed an appeal only against the convicted portion.

Ultimately, the acquittal part of the judgment subject to a retrial against Defendant A among the judgment subject to a retrial became final and conclusive on March 25, 1978, by failing to file an appeal by the Defendant A and the Prosecutor.

The Supreme Court dismissed all Defendants’ appeals on July 11, 1978, and thus the convictions and part of Defendant A among the instant judgment subject to a retrial became final and conclusive.

B. On September 25, 2012, B, C, D, and Defendant B, the person entitled to request a retrial for the decision subject to a retrial for Defendant A, filed a petition for a retrial on September 25, 2012. The Seoul High Court found Defendant A guilty among the decisions subject to a retrial on April 14, 2014 and Defendant B.

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