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(영문) 광주고등법원 (전주) 2012.10.16 2012노108
국가보안법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the misunderstanding of facts, Defendant A, B, D, and C’s escape and diving, and Defendant D’s praises, it is reasonable to deem that the Defendants were guilty of all the above criminal facts based on the evidence adopted and examined in the case subject to review. In light of the present situation at the time of the instant crime, etc., the Defendants knew that it may endanger the national existence and security or democratic fundamental order.

Defendant

In light of the fact that E’s non-disclosure, it is found guilty in light of the fact that there is no reason to deny the admissibility of the suspect interrogation protocol prepared by the prosecutor against the above defendant A (which is related to the assertion of misunderstanding the legal principles as seen below), and that the defendant was overlapping with A.

Nevertheless, the court below erred by erroneous determination of facts that found the Defendants not guilty on the grounds of lack of evidence.

B. In light of the legal principles, even if the admissibility of the interrogation protocol of the Defendants prepared by the prosecutor is recognized in the trial process of the case subject to review against the Defendants, there is no evidence to acknowledge that Defendants A was subject to harsh acts such as adviser during the investigation process, and even if the Defendants were to have committed harsh acts in the police investigation process, it cannot be deemed that the prosecutor’s protocol of interrogation of the Defendants cannot be seen as having continued to have been conducted in the police in the stage of preparing the interrogation protocol of the Defendants, the lower court erred by misapprehending the legal doctrine even if the admissibility of the interrogation protocol of the Defendants prepared by the prosecutor

2. As to the facts charged in the instant case, the judgment subject to a retrial was repealed by the amendment of the former Anti-Public Law (Act No. 3318 of Dec. 31, 1980) to the National Security Act by being incorporated into the National Security Act.

c. The term “former Anti-Public Law” means “former Anti-Public Law”

The provisions of paragraphs (1), (2) and (3) of Article 6, and the defendant B and the defendant C, respectively.

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