The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. The statement in the court room of a case subject to retrial of a defendant without admissibility of evidence is being made in the situation where the criminal investigation agency's illegal confinement and cruel conduct continue to exist. As such, the part of the statement in the trial protocol of the defendant is inadmissible.

Nevertheless, the court below has admissible the part of the defendant's statement in the court of first instance and the court of appeal among the trial records of the case subject to retrial.

There is an error of misunderstanding of facts and misunderstanding of legal principles.

나. 특수 탈출로 인한 반공법위반의 점 피고인은 단지 형( 兄) Q을 만나기 위해 북한에 방문한 것이고, H은 재일본 대한민국 민 단원을 가장한 북한 공작원이 아니므로, 피고인이 북한의 지령을 받고 북한으로 탈출한 것이라고 볼 수 없다.

Nevertheless, the court below erred by misunderstanding the facts and misunderstanding the legal principles that found the defendant guilty of this part of the charges.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. Evidence 1) The part of the defendant's statement in the trial protocol in the first instance court of the case subject to retrial