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(영문) 서울중앙지방법원 2018.06.28 2015재고합123
간첩등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Facts charged;

A. It is as shown in the attached indictment.

B. Of the attached facts charged, with respect to ① aiding and abetting a counter-state organization under Paragraph (1), Article 98(1) of the Criminal Act is as follows; ② a counter-state organization under Paragraph (2) is subject to the order of the anti-state organization under Paragraph (2); ② Articles 2 and 11 of the former National Security Act, Article 98(1) of the Criminal Act, and Article 98(3) of the Criminal Act, and Article 4(2) of the former Anti-Public Act (amended by Act No. 3318, Dec. 31, 1980; hereinafter “former Anti-Public Act”) as to the act of keeping documents for the purpose of benefitting the anti-state organization under Paragraph (3) of the same Article, the prosecutor brought a public prosecution against the respective anti-state organization under Paragraph (1) of the same Article, and Article 6 of the former Anti-Public Act, and Article 16 of the National Security Act, and Article 14 of the former Anti-Public Act.

2. Progress of the case

A. On December 18, 1978, the Seoul Criminal Court convicted all the above charges in the 78 high 428 espionage, espionage, espionage, violation of the National Security Act, violation of the antipublic law, and violation of the anti-public law, and sentenced the Defendant to the instant judgment subject to a retrial that the Defendant shall be punished by imprisonment with labor for 10 years and suspension of qualifications for 10 years.

B. The Defendant and the Prosecutor appealed with respect to the judgment subject to a retrial, but all appeals were dismissed by the Seoul High Court Decision 79No209 decided April 18, 1979.

Therefore, although the defendant was standing, the appeal was dismissed by the Supreme Court Decision 79Do1175 Decided July 10, 1979, which became final and conclusive as it is.

(c)

On June 10, 2015, the Defendant filed a motion for a new trial on the judgment subject to a new trial.

On December 7, 2017, there are grounds for retrial stipulated in Articles 420 subparag. 7 and 422 of the Criminal Procedure Act in a judgment subject to a retrial.

A decision of commencing a new trial was made at that time, and the decision of commencing the new trial became final and conclusive.

3. The police station of Seoul Special Metropolitan City alleged by the defendant (the requester for reexamination).

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