Article 2 of the National Security Act, elements for a crime of performing military purposes

The crime under Article 2 of the National Security Act is established only when a person who is a member of an anti-government organization or a person who is subject to an order of an anti-government organization, commits an act of immigration as prescribed in Article 99 of the Criminal Act for the purpose of fulfilling his purpose. Thus, it is difficult to view that the defendant's status was in the status of a member of an anti-government organization or a person who is subject to an order of an anti-government organization at the time when the defendant informed the North Ra

Article 2 of the National Security Act

Supreme Court Decision 70Do2417 delivered on February 25, 1971 (Kakadd. 9442, Supreme Court Decision 19Nu83 delivered on December 25, 197, and Article 2(5)1387 of the National Security Act)

A

Prosecutor and Defendant

Jeonju District Court of the first instance (78 Gohap10)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five years and suspension of qualifications for five years.

One hundred and eighty days of detention days before the sentence of the original judgment shall be included in the above imprisonment.

The first main point of the prosecutor's appeal is that the crime under Article 2 of the National Security Act, among the facts charged against the defendant, is established only when a member of an anti-government organization or a person who was ordered to do so, commits a general act under Article 99 of the Criminal Act for the performance of its purpose. However, the court below acquitted the defendant on the ground that he was not only a member of an anti-government organization but also a person who was ordered to do so.

However, on November 17, 1971 and December 18, 1971, the defendant received education on North Korea Manopoon B from North Korea Manopoon and decided to act as a counter-espionage for anti-government organizations, and then the above defendant's act should be deemed to constitute a crime under Article 2 of the National Security Act. However, there is an error of law by misunderstanding the legal principles of Article 2 of the National Security Act, which found the defendant not guilty, and the second point is that the sentencing of the defendant's guilty portion is too unreasonable, and the main point of the defendant's appeal is that the defendant first received education by showing the Manopoon B's motion picture while being employed at the place of civil works at the time and time, and then decided to do so, the defendant's act of the above defendant's act constitutes a crime under Article 2 of the National Security Act. However, even if there is no misunderstanding of the facts that each crime was committed, the judgment of the court below is unlawful.

Therefore, in full view of the evidence duly examined and adopted by the court below as to the grounds for appeal on the mistake of facts by the defendant, the defendant can be found to have committed each crime in the statement of the court below. Thus, the defendant's grounds for appeal that the court below erred by misapprehending the legal principles cannot be accepted, and considering the evidence duly examined and adopted by the court below, the defendant was found to have reported the same facts as the facts charged, such as the facts that the defendant, from around 08:0 on November 19, 1971 to 16:30 on the day after 19:0, the defendant, who was a member of the anti-government organization, had a former North Korean Kim Jong-J, Yellowsan, and Masan, who was a member of the anti-government organization, was located in the former North Korean Kim Jong-do, Yellow-do, and Masan, and the fact that at night there were no time a little electricity payment.

However, since the crime under Article 2 of the National Security Act is established only where a member of an anti-government organization or a person who received an order from the above members of the anti-government organization was found guilty of the facts charged against the above members of the anti-government organization, and the defendant was found guilty of the above facts charged against the above members of the anti-government organization from 08:00 on November 19, 1971 to 16:30 on the facts charged against the above members of the anti-government organization or the defendant was found guilty of the facts charged against the above members of the anti-government organization, the court below's finding that the defendant was guilty of the violation of the anti-government organization's provision of Article 99 of the Criminal Act by 10 on November 16, 1971 on the 19th day after the defendant was found guilty of the facts charged against the above members of the anti-government organization. This part of the anti-government organization's first 7th day after the 19th day after the defendant was found guilty.

Therefore, the decision of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and it is again decided as follows.

The facts of the crime and evidence against the defendant acknowledged as a member of a political party are criminal facts (3) and they are given instructions from the second floor of 08:00 on Nov. 19, 1971 to 16:30 on Nov. 19, 1971 that the defendant received the education as referred to in paragraph (1) of the judgment of the court below, to say that even before the members of an anti-government organization, the military installations of the area, the number of the ports and U.S. Armed Forces, the number of motor vehicles and warships, and the number of domestic sources of military warships, etc. are available in the area. In other words, in the tin, there is a historical base in the knive, yellow, mountain, and marsan, which is located far from 6 kilometers from the Kim system, and the sulfur base is turned on at the knive point of view from the Kim system, and at the night, it is turned on at the time of changing acid.

The Gung Port can enter the military ship at the place of the wharf length, and the Gung can also enter the port.

The number of U.S. Armed Forces in Korea shall be 100,000, and the military and cars shall also be made in Korea.

In addition, the military interest is harmed by divulging military secrets, such as a pattern which only high school graduates may enter the military school or higher, and a statement corresponding to the facts stated in the judgment at H is the same as the timely statement of the judgment of the court below, except where a statement is added to the purport that corresponds to the facts stated in the judgment at the court of the court of first instance as evidence.

Application of Acts

Of the judgment of the defendant, Article 2 of the National Security Act, Article 98 (1) of the Criminal Act, Article 98 (1) of the same Act, Article 4 (1) of the anti-public law, Article 99 of the Criminal Act, and Article 99 of the same Act, the general transfer of the enemy is a concurrent crime under the former part of Article 37 of the same Act, and Article 38 (1) 2 of the same Act and Article 50 (2) of the same Act, since the above crimes are concurrent crimes under Article 38 (1) 2 of the same Act, and Article 50 (2) of the same Act, since there is a reason to take into account the circumstances of the crime, such as the fact that the defendant is aged, is a patient suffering from a disease, and the depth of the crime is divided, the court below's sentence of imprisonment with prison labor within the scope of punishment reduced by a minimum amount under Articles 53 and 55 (1) 3 of the same Act, and the suspension of qualification for the preceding five years shall be included in the number of imprisonment.

Therefore, it is so decided as per Disposition.

Judges next Full-Time (Presiding Judge) Kim Jong-he