logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2015.06.11 2015노153
국가보안법위반(잠입ㆍ탈출)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the crime No. 1 of the original judgment: Imprisonment with prison labor for four months and suspension of qualifications for four months, and the crime No. 2 of the crime as indicated in the lower judgment: Imprisonment with prison labor for one year and suspension of qualifications for one year) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the court below is a favorable circumstance where the defendant suffered difficulties in adjusting to the Republic of Korea after the escape and returned to a foreign country, such as Canada, the United States, Norway, etc., and where it seems that the defendant committed the crime of this case by failing to reach a level of lava and to reach a level of lava, on the grounds that he or she raised a dispute with the natives in Seoul, etc., and he or she could commit the crime of this case. The defendant, who escaped from North Korea after the crime of this case, returned to the Republic of Korea, and went back to the Republic of Korea, seems to have committed the crime of this case. The crime of this case as stated in the judgment of the court below shall be considered at the same time as the crime of larceny is to be judged.

On the other hand, the fact that the defendant voluntarily returned to North Korea, and that the defendant was investigated or living in the Republic of Korea while being investigated in North Korea, especially the information on the Central Joint Examination Center of National Intelligence Service and one source, the identity of the person in charge of protecting the personal safety of North Korean defectors, and the identity of the defendant in charge of North Korean abandonment, etc. is disadvantageous to the fact that the second crime of the judgment of the court below committed during the period of suspension of execution.

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, family environment, and the background, means, and consequence of the instant crime; and (b) the degree of risk that the instant crime may result in the national security or the fundamental order of free democracy; and (c) the lower court’s punishment cannot be deemed as excessively heavy or unreasonable.

Therefore, the appeal filed by the defendant and the prosecutor is without merit.

3. Conclusion.

arrow