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(영문) 대법원 2017.11.23 2017도12456
국가보안법위반(특수잠입ㆍ탈출)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by the defense counsel).

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds for appeal in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court convicted the Defendants of the instant facts charged (except for the portion without charge) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation, as otherwise alleged in the grounds of appeal, by misapprehending the legal doctrine on illegality of

2. On the grounds of the prosecutor’s appeal, the court below reversed the judgment of the court of first instance which found Defendant A guilty on the ground that there was no proof of crime regarding the violation of the National Security Act (special escape) among the facts charged in the instant case against Defendant A, and sentenced Defendant A not guilty.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on “the intent and purpose to practice orders.”

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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