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(영문) 서울고등법원 2017.07.25 2017노345
국가보안법위반(특수잠입ㆍ탈출)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for two years and suspension of qualifications for two years.

Reasons

1. Summary of grounds for appeal;

A. (1) As to the Defendants’ defense counsel’s misunderstanding of facts and legal principles and admissibility of evidence submitted to the Prosecutor, V (hereinafter “V”) was not merely an informant but a counter-party, and was directly related to the investigation agency, such as inducing the Defendant A or the president of the Republic of Korea (U.S., hereinafter “V”) to engage in activities with information cooperation in the past business conflict, or proposing EE to provide financial benefits from the investigation agency, as well as inducing the Defendants to engage in the activities with information cooperation in the information on the North Korean ED case, and in collusion with the investigation agency, there was a mixed use of the Chinese single nes (the instant facts charged and the record of the instant case, but the Defendants will be marked as “one nes”) to monitor or manipulate the instant case in violation of the National Security Act, and the Defendants were in charge of preparing a double statement or guidance on the distribution of the P.M. to the North Korean vessel under the name of the Defendant or the president of the Republic of Korea (U.S., hereinafter “N.”).

Defendant A with his inquiry, “A president shall also be identified one time.”

In order for the Defendants to participate in the distribution of counterfeited USD 1 to participate in the instant crime by actively participating in the instant crime, such as transmitting forged USD 1 to a telegram, forcing the Defendants to commit a forgery, etc., thereby manipulating the instant case, such as taking a picture of a camera prepared in advance in inducing the Defendants to commit the instant crime, recording, etc.

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