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(영문) 서울고등법원 2020.06.25 2016재노167
국가보안법위반
Text

The judgment below

The guilty part against Defendant A, B, and D and Defendant C shall be reversed.

Defendants.

Reasons

1. The following facts are acknowledged according to the records of the decision for review and the decision for commencing a retrial.

A. Co-defendant I, J, K, L, M, N, andO were also prosecuted.

On June 24, 1977, the lower court convicted Defendants A of the charges of violating the National Security Act and the Public Law, and sentenced Defendant B to life imprisonment, 15 years of imprisonment, 15 years of qualification suspension, 4 years of imprisonment, 4 years of qualification suspension, 1 year and 6 months of qualification suspension, and 1 year and 6 months of qualification suspension, respectively.

B. The Defendants filed an appeal against the rest of the Defendants except Defendant A. The Seoul High Court reversed the judgment of the court below on November 3, 197, and sentenced Defendant A to 12 years of imprisonment and suspension of qualifications, 7 years of imprisonment and 7 years of suspension of qualifications to Defendant B, and Defendant C’s violation of the antipublic law due to the fact that “the above Defendant was able to seek the Korea Economic Association on October 7, 1976” in the above facts charged against Defendant C and provided convenience to I, and 4 years of suspended sentence and suspension of qualifications for the remainder of the facts charged (hereinafter “part of the charges”), and 1 year of suspended sentence and suspension of qualifications for 1 year of imprisonment for Defendant D, respectively.

(Seoul High Court Decision 77No1423, hereinafter referred to as the "Decision on Review").

Accordingly, Defendant A, B, and D filed each appeal against Defendant A, B, and D among the judgment subject to a retrial, and Defendant C filed each of the appeals against Defendant C among the judgment subject to a retrial, but the Supreme Court dismissed the Defendants’ final appeal on February 28, 1978 (Supreme Court Decision 77Do3922), and the said judgment subject to a retrial became final and conclusive.

Meanwhile, the Defendants violated the National Security Act with the Defendants.

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