Definitions of acts of agents

A counter-espionage refers to an act of collecting a state secret for an enemy country or North Korean tamper group. Therefore, even if a list of actors is a state secret, if it is stored on a book in a state that can be seen by anyone, and if it is found in a snow on the road that passed the place and it is very carefully examined, it cannot be seen as a detection or collection of a state secret.

Article 91 of the Criminal Act, Article 2 of the National Security Act

Supreme Court Decision 70Do896 delivered on June 30, 1970 (Kakadd. 9011; Supreme Court Decision 18Du234 delivered on February 25, 1969 (Supreme Court Decision 68Do1825 delivered on February 25, 1969 (Supreme Court Decision 17Nu53 delivered on June 30, 1970); Supreme Court Decision 18(35)1268 of the Criminal Act

Defendant 1 and one other

Defendants and Prosecutor

Seoul Criminal Court of the first instance (77 Gohap36)

The judgment of the court below is reversed.

Defendant 1 shall be punished by imprisonment for ten years and suspension of qualifications for ten years, and imprisonment for one year and suspension of qualifications for one year, respectively.

One hundred and sixty-five days of detention prior to the imposition of a sentence prior to the original sentence shall be included in the above sentence against the Defendants.

Of the facts charged against Defendant 1, the charge of a counter-espionage shall be acquitted.

The gist of the grounds for appeal by the attorney-at-law of the defendant is as follows: first, the defendant is only the confession of the defendant as to the facts charged in this case against the defendant, and the court below found the defendant guilty without any evidence to reinforce this, and the judgment of the court below is erroneous in misunderstanding of facts that affected the conclusion of the judgment; first, the summary of the grounds for appeal by the defendant 2 is that the defendant knew that he would have come to North Korea, but he would go to go to North Korea, and there is only the fact that he would go to go to North Korea, and there was no crime of misunderstanding of facts that affected the judgment; second, the summary of the grounds for appeal by the defendant and his attorney-at-law and the summary of the grounds for appeal by the defendant 1 are unreasonable because the court below found the defendant guilty of the facts charged in this case; second, the summary of the judgment of the court below and the summary of the grounds for appeal by the defendant 2 is too unreasonable. The prosecutor's grounds for appeal by the court of the court

First, as to the legitimacy of the fact-finding of the counter-espionage (9) in the decision of the court below as to the defendant 1, taking into account the evidence produced by the court below, the fact-finding and the result of on-site verification, the defendant should have been found to have been used in red letters and used as such on the book of the immigration inspector at the time when entering the port around April 14, 1973 when entering the port around 19:0, and the fact that the name of the non-indicted, etc. was easily seen by anyone after the front of the immigration inspector, and the name of the non-indicted as the result of the non-indicted 1's act was considered to have been recorded in the name of the counter-espionage. According to the decision of the court below, the court below should have determined that the defendant was a counter-espionage by applying Article 2 of the National Security Act and Article 98 (1) of the Criminal Act as to the so-called defendant's act of collecting the defendant's secret or other acts of collecting the defendant's secret to the extent that it could not be found.

Next, the first point of the grounds for appeal by Defendant 2 and his defense counsel should be examined in light of the records, and the various evidences duly adopted by the court below after examining the evidence in light of the records, among each of the evidences presented by the court below, the remaining evidences except the confession by Defendant 2 are sufficient to reinforce the confession by Defendant 2. Thus, the grounds for appeal as to mistake of facts cannot be accepted.

Next, the second ground for appeal by the defendant 2 and his defense counsel is examined in consideration of various circumstances, such as the age, character and conduct, environment, motive, means, result, etc. of the crime in this case, the amount of the sentence against the above defendant is too unreasonable. Ultimately, since the judgment of the court below is bound to be reversed, the decision of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided again by a party member.

Criminal facts and summary of evidence

Defendant 1’s criminal facts acknowledged as a party member are as stated in the judgment of the court below except for the counter-espionage facts in the corresponding criminal facts in the judgment of the court below, and the summary of the evidence as to Defendant 2’s criminal facts and the criminal facts of the Defendants are as stated in the corresponding criminal facts in the judgment of the court below. Thus, all of them are cited in accordance with Article

applicable provisions

Article 5 (1) of the Anti-Corruption Act provides that the members of each anti-government organization shall meet with the members of each anti-government organization (10), and Article 5 (1) of the Anti-Corruption Act provides that if the members of each anti-government organization (10) and (12) so-called, among the so-called crimes of Article 4 (1) of the anti-public law, each member of each anti-government organization shall be subject to the imposition of money and valuables from members of each anti-government organization (13) of the holding, Article 5 (2) of the National Security Act; Article 3 (1) of the same Act provides that if the members of each anti-government organization are to receive money and valuables; Article 5 (1) through (6) of the same Act provides that if the members of each anti-government organization are to be punished by imprisonment with prison labor; Article 6 (4) and (3) of the Anti-Corruption Act provides that if the members of each anti-government organization are to be punished by imprisonment with prison labor for up to 10 years; Article 6 (1) of the so-called one anti-public law provision;

Parts of innocence

Of the facts charged as to Defendant 1, a counter-espionage was committed by the Defendant by detecting the name of the Nonindicted Party, etc. at the convict on the book of the immigration inspector at around 14:00 on April 14, 1973 when the Defendant was bound to enter the Jeju Airport at around 14:0.

It is the same as the above recognition that the defendant discovered the name of the non-indicted in the above convict list. However, as seen in the reasoning of reversal of the judgment of the court below, the fact that the defendant discovered the name of the non-indicted, etc. in the above list cannot be deemed as the act of detection and collection of national secrets, and there is no sufficient evidence to acknowledge that the defendant discovered the name of the non-indicted, etc. in the above list.

Ultimately, the defendant's above-mentioned is not a crime or there is no proof of a crime, and thus, the defendant is acquitted under Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

Judges Oral-ho (Presiding Judge)