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(영문) 대법원 2014.9.25.선고 2014도3168 판결
가.국가보안법위반·나.반공법위반·다.범인도피·라.범인은닉
Cases

Do 2014 3168 A. Violation of the National Security Act

B. Violation of anti-public law

(c) Escape of an offender;

(d) Concealment of an offender;

Defendant

1. (a) b. (c) d. A;

2. (a) B

3.(a)(b) C

4. (a)(b) D

5. (a)(b) E

Appellant

Prosecutor

Defense Counsel

Attorney G in charge, who is a legal entity F (to hear defendants)

Judgment of the original Tribunal

Busan District Court Decision 2012Reno 18 Decided February 13, 2014

Imposition of Judgment

September 25, 2014

Text

The appeal shall be dismissed.

Reasons

The grounds of appeal are determined.

Examining the reasoning of the judgment of the court below in light of the record, it is legitimate to reverse the judgment of conviction of the first instance on the ground that each violation of public law and violation of the State Security Act among the facts charged against the defendant Eul among the facts charged against the defendant Eul (limited to the part which was judged guilty before the retrial) and the facts charged against the defendant A, among the facts charged against the defendant Eul, do not constitute a crime, or that the defendant's escape or concealment of a criminal is not proven as a crime. Thus, it is reasonable to reverse the judgment of conviction of the first instance on the ground that the defendant's escape or concealment of a criminal, among the facts charged against the defendant Eul, violates the legal rules of logic and experience, such as the allegation of the grounds for appeal, thereby exceeding the limit of the free evaluation of evidence due to the violation of the law of logic and experience, or to have no influence on the conclusion of the judgment by misunderstanding the legal principles on the judgment on the escape, suitability, and concealment of a criminal committed in violation of the anti-public law and the National Security Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jae-young

Justices Shin Young-chul

Justices Lee Sang-hoon

Justices Kim Chang-suk

Justices Jo Hee-de

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