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(영문) 서울고등법원 2013.05.03 2012노4476
국가보안법위반(기타)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant was unlawfully detained by the investigators belonging to the Central Information Department, the court below rejected the admissibility of each statement of the defendant and each protocol of examination of the defendant against the defendant prepared in the process of investigation by mistake of facts and misunderstanding of legal principles, although there was no objective evidence that the defendant had committed cruel acts, such as tata and physical adviser, from the investigators.

B. In addition, there is no evidence suggesting that the defendant was harshly treated once in the investigation process and the Seoul Criminal District Court 75 Gohap983 (hereinafter "the first instance court"), the first instance court, and Seoul High Court 76No1181 (hereinafter "the appellate court subject to review"), which is the appellate court, and each protocol of suspect examination on the defendant prepared by the public prosecutor, contains detailed descriptions of the circumstances that the defendant was rewritten, and the time when the defendant received money or valuables are not received from S. In particular, the fourth protocol of suspect examination of the defendant prepared by the public prosecutor as to the defendant prepared by the public prosecutor was written, and there is criticism of the defendant as to the government policy at the time. However, the court below rejected the admissibility of each protocol of suspect examination as to the defendant prepared by the public prosecutor due to mistake of facts and misapprehension of legal principles.

C. Meanwhile, comprehensively taking account of the first instance court and appellate court subject to review, the Defendant’s statement of reasons for appeal and appellate brief, the Defendant’s statement of reasons for appeal, and the written statement submitted by the Defendant to the court in the trial process, each of the facts charged of this case can be fully recognized. In particular, the concept of interest to anti-government organizations, recognition thereof, and risk of national existence and security at the time of the present time, and North Korea’s assertion

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