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(영문) 광주고등법원 (제주) 2016.10.19 2016노57
국가보안법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the summary of the grounds for appeal concerns that the Defendants were illegally arrested and detained, the only statement of the Defendants and their families is made, and that the Defendants’ statements concerning illegal confinement are doubtful in light of the investigation into the case subject to review and the contents of the Defendants’ statements in the trial proceedings, it cannot be readily concluded that the Defendants’ statements concerning illegal confinement and detention have been clearly proven.

In addition, even if the fact of illegal arrest and detention against the Defendants is acknowledged, in light of the fact that the Defendants were under investigation by the prosecutor in the case subject to reexamination and made a detailed statement to the effect that they freely vindicateed or denied the examination by the prosecutor, the Defendants appear to have freely meet with their family members at the time of the prosecutor’s investigation, and the Defendants were free to express their opinions during the trial of the case subject to reexamination, it is reasonable to view that the confessions by the Defendants by the prosecutor’s office and the date of trial by the prosecutor’s office and the date of trial by the Defendants are recognized as discretionary and credibility.

Furthermore, the seized articles in this case are admissible as evidence, and the statements made by F and G to investigation agencies also conform to the facts charged in this case.

Ultimately, in full view of the confessions of the Defendants and the above evidence, the facts charged against the Defendants should be deemed as proved.

Nevertheless, on the premise that the Defendants were illegally arrested and detained, the court below acquitted the Defendants on the ground that the evidence submitted by the prosecutor is not admissible or that the probative value is insufficient. In so doing, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting

2. Determination on the grounds for appeal

A. The lower court, based on its stated reasoning.

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