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(영문) 광주고등법원 2014.11.13 2012재노8
국가보안법위반등
Text

The judgment below

Of the attached facts charged, the part of the indictment shall be reversed.

Defendants are not guilty.

Reasons

According to the progress records of the case, the following facts are recognized.

The Defendants were indicted by Jeju District Court 81Gohap77 as charges of anti-public law violations, the National Security Act violations, and the espionage. On November 21, 1981, the above court found the Defendants guilty of both the above charges and sentenced the Defendants to 15 years of imprisonment and suspension of qualifications.

Accordingly, both the Defendants and the public prosecutor appealed against the above judgment, and the Gwangju High Court (No. 81No986) accepted part of the Defendants’ assertion of mistake on March 23, 1982 and reversed the judgment of the first instance, which found the Defendants guilty only on the charges stated in the summary of the attached facts charged, and found the Defendants not guilty on the grounds that the portion of the charges charged is not a State secret under Article 3 subparag. 1 of the former National Security Act (amended by Act No. 1151 of Jun. 23, 1962), or that the remaining portion of the charges except the above facts charged is not a State secret under Article 3 subparag. 1 of the former

(2) On July 13, 1982, the Defendants and the Prosecutor appealed to the Supreme Court (82Do1233), but on July 13, 1982, the Defendants and the Prosecutor’s appeals were all dismissed, and the judgment subject to a retrial became final and conclusive.

The Defendants filed for a retrial on the judgment subject to a retrial on the grounds that investigators who investigated the Defendants were arrested and detained without warrant.

On October 8, 2014, the court rendered a decision to commence a new trial on the conviction part of the judgment subject to new trial pursuant to Article 420 Subparag. 7 of the Criminal Procedure Act by deeming that the investigator in charge at that time detained the Defendants in illegal confinement without a warrant of detention, and committed assault and cruel acts in the course of investigation to the extent that he/she committed a crime in the course of performing his/her duties instead of a final and conclusive judgment. The said decision to commence a new trial became final and conclusive as is,

The trial of this court.

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