(a) The extent of confession and reinforcement evidence of the accused against several facts constituting the crime;

(b) Whether the crime of escape under Article 6 (4) of the Anti-Public Law is applicable to an act that a foreigner enters North Korea in a foreign country;

(a) If there are several criminal facts, the existence of corroborating evidence for each confession shall be discussed separately for each crime;

B. In principle, crimes other than those listed in Article 5 of the Criminal Act cannot be applied to foreigners' overseas crimes. This does not include anti-public law, and there are no grounds for applying anti-public law to the foreign crimes of the leader in the anti-public law itself or other Acts. Thus, the defendant who is a foreigner cannot apply anti-public law to escape outside the territory of the Republic of Korea.

Article 310 of the Criminal Procedure Act, Article 6 of the Anti-Public Law, Article 5 of the Criminal Act

Supreme Court Decision 4292Do122 delivered on June 30, 1959 (Supreme Court Decision 5698 delivered on August 30, 1974, Article 310(3)1451 delivered on August 30, 1974, Supreme Court Decision 74Do1668 delivered on August 30, 1974 (Supreme Court Decision 108Da10810 delivered on June 22, 200; Decision 22Du1223 delivered on June 30, 195, Decision 498No8036 delivered on court information)

Defendant

Prosecutor and Defendant

Seoul Criminal Court of the first instance (73 High Gohap574)

Supreme Court Decision 74Do1668 Decided August 30, 200

The guilty portion of the judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for life.

Articles in the attached list (No. 1 through 12) seized shall be confiscated.

Of the facts charged, each escape in an area under the control of the anti-government organization on the first and second day of April 1971 and the date of November 26, 1972 shall be acquitted.

The prosecutor's appeal against the acquittal portion of the judgment below is dismissed.

The gist of the prosecutor's appeal is as follows: First, the judgment of the court below is a violation of law which affected the judgment.

In other words, the court below found the defendant not guilty on the ground that the defendant made a confession as to the facts charged of the crime of aiding and abetting the counter-espionage of the defendant, but there is no supporting evidence, and therefore, it constitutes a case where there is no supporting evidence for the crime. However, the supporting evidence is admissible as well as the situation evidence. Despite the fact that each evidence adopted by the court below as a supporting evidence that the court below found the defendant guilty of the defendant can be a supporting evidence as circumstantial evidence, the court below erred by law and wrong judgment as to the admissibility of the supporting evidence. Second, the decision of the court below against the defendant is too unreasonable. Second, the court below erred by misunderstanding facts affecting the conclusion of the judgment. The first point of the appeal by the attorney and the summary of the appeal by the defendant is that the court below did not discover and reveal the national secrets of Korea for anti-government organizations. In other words, the defendant did not know the development of the publicly known Korea working party of North Korea, and it did not know that the defendant entered the Republic of Korea on July 7, 1973.

First of all, as to the prosecutor's assertion of violation of law, it is appropriate that the evidence for the confession of the crime may be directly evidence as well as circumstantial evidence, but in the event there are several criminal facts, the existence of corroborating evidence for each confession should be separately discussed about each crime. In this case, all those materials cited by the court below as evidence for other criminal facts found guilty are about the detection and diving of state secrets after the first half of April 1971. This is related to the investigation of the name and trends of the former defendant's act, i.e., the Hong Kong Inter-S. Inter-S. Inter-S. Inter-S. Non-S. Non-S. Non-S. Non-S. Non-S. 364(4) of the Criminal Procedure Act, and it is no other evidence for reinforcement of the facts charged, and thus, it is not appropriate that the court below's appeal is dismissed since it cannot be accepted since it is not proper to accept the grounds for appeal.

Next, in light of the records, the evidence adopted by the court below through legitimate evidence examination as to the assertion of mistake of facts by the Defendant and the defense counsel is sufficient to recognize both the Defendant’s detection and collection of national secrets, the Defendant’s accession to the labor party, or the act of taking away and attempted a counter-espionage pursuant to the order of an anti-government organization on July 7, 1973, and there is no other error of mistake of facts as alleged in the judgment of the court below. Thus, the leading of appeal cannot be accepted.

Furthermore, the court below, ex officio, determined that the defendant was the first Korean person, but the defendant returned to the name of the second North Korea in Japan around April 1943, and recognized that the defendant was a foreigner, and applied the escape crime of Article 6 (4) of the anti-public law with respect to the fact that the defendant was under the control of anti-government organization at first 11:00 on April 1, 1971 and around 11:00 on November 26, 1972 as well as that of the first 11:0 on November 26, 1972, in order to obtain an order from anti-government organization, the defendant was subject to the punishment of the foreigner's overseas crime except the crimes listed in Article 5 of the Criminal Act, and the public law cannot be included in this case, and there is no ground to find that the court below applied the anti-public law against the foreigner's overseas crime of this case under the anti-government organization's own anti-government organization or other laws, and there is no violation of the law of punishment against the foreigner's law.

(Criminal Facts and Summary of Evidence)

The facts constituting the crime against the defendant recognized as a member of the party and the summary of the evidence are as shown in each corresponding column of the judgment below, except for the acts of escape to an area under the control of an anti-government organization at around 11:00 on the first day of April 1971 of the facts constituting the crime in the original trial at the time of the original trial at around 11:0 and the acts of escape to an area under the control of an anti-government organization at around 5:11:00 on November 26, 1972.

(Application of Acts and subordinate statutes)

In the judgment of the defendant, each crime of locked upon the order of an anti-government organization under Article 6 (4) and (3) of the anti-government organization shall be punished under Article 6 (4) and (3) of the anti-government organization. Article 2 of the National Security Act, Article 98 (1) of the Criminal Act, Article 3 (1) of the anti-public law, and Article 7 of the National Security Act, Article 2 of the anti-government organization, Article 2 of the Criminal Act, Article 98 (1) of the Criminal Act, Article 3 of the anti-public law, Article 7 and Article 2 of the National Security Act, Article 98 (1) of the Criminal Act, Article 98 (1) of the Criminal Act, Article 98 of the Criminal Act, Article 4 of the anti-government organization, Article 6 of the anti-government organization, and Article 6 (4) and (3) of the anti-government organization, all of which shall be punished under Article 50 of the Criminal Act, since the defendant committed a espionage and a espionage shall be punished under Article 101 of the Criminal Act.

Judgment on the acquittal

Of the facts charged in this case, as to the defendant's escape from the Republic of Korea on April 1, 1971 on the first and second orders of anti-government organizations and from November 26, 1972 at around 11:00 to around 11:00 on the first day of Apr. 26, 1972, when he received an order of anti-government organizations, he was under the control of anti-government organizations, the defendant made a full confession. However, as determined above, they did not punish a foreigner as an act of escape outside the territory of the Republic of Korea, and therefore, the defendant's above is presumed not to be a so-called crime, and thus, he should be acquitted pursuant to Article 325 of the Criminal Procedure Act.

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

Judges Shin Jae-chul (Presiding Judge)