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(영문) 서울고등법원 2018.08.22 2017재노129
국가보안법위반(간첩)등
Text

The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

Reasons

1. The following facts are acknowledged according to the records of the decision subject to review and the decision to commence a retrial.

A. On June 14, 1983, the Defendant and the lower court jointly brought public prosecution against Defendant C, D, E, F (hereinafter “C”), D, E, E, and F. All of them are referred to as “E”, the Defendant and the lower court jointly brought public prosecution against the violation of the National Security Act (hereinafter “joint Defendants”) No. 83 high-scale 597, Seoul District Court Decision 83 high-level 597, the former National Security Act (espionage, etc.), and the violation of the anti-public law, and the summary of the charges against the Defendant are as shown in the attached Form.

B. The lower court found the Defendant guilty of both the facts charged against the Defendants and the Defendants, and sentenced the Defendant to three years of imprisonment and suspension of qualifications, three years of imprisonment with prison labor for life, ten years of imprisonment with prison labor for life, ten years of suspension of qualifications, eight years of imprisonment with prison labor for E, eight years of suspension of qualifications, eight years of suspension of qualifications, and three years of imprisonment with prison labor for F and three years of suspension of qualifications.

(c)

As to this, both the Defendant and the joint Defendants of the lower judgment and the Prosecutor appealed to Seoul High Court 83 No. 2986. On March 6, 1984, the Seoul High Court reversed the lower judgment on the grounds of the sentencing imposed on March 6, 1984, and sentenced the Defendant to five years of suspension of execution and three years of suspension of qualifications, three years of imprisonment, ten years of suspension of qualifications, ten years of suspension of qualifications, ten years of suspension of qualifications, seven years of imprisonment, suspension of qualifications, seven years of suspension of qualifications, and one year and six months of suspension of qualifications, respectively (hereinafter “subject to a decision subject to a retrial”). D.

The judgment subject to a retrial against the Defendant becomes final and conclusive, and the co-defendants of the lower court appealed by Supreme Court Decision 84Do748, but on June 26, 1984, the final judgment subject to a retrial became final and conclusive by dismissing the final appeal.

E. On February 27, 2009, the co-defendants of the lower court filed a petition for a retrial on the judgment subject to a retrial with the Seoul High Court Decision 2009 Jaeo 27.

Accordingly, on June 25, 2010, the Seoul High Court reversed the part concerning the joint defendants of the court below and sentenced them not guilty, and the above judgment became final and conclusive by the Supreme Court.

F. The Prosecutor’s Criminal Procedure Act of September 28, 2017.

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