Commencement time of the crime of escape

To say that there was a commencement of escape from the Republic of Korea to an area under the control of anti-government organizations, it shall be deemed that the commission of escape has started to reach the extent of escape to the area where the entry of the general public is controlled under the purpose of escape from North Korea.

Article 6 (1) of the National Security Act

Supreme Court Decision 72Do1543 delivered on August 29, 1972, 74Do3064 Delivered on December 24, 1974

Defendant

Defendant

Attorney Kim Dong-hwan

Seoul Criminal Court Decision 86No6914 delivered on March 3, 1987

The judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.

1. The judgment of the court of first instance recognized that the defendant would have become aware of the fact that he/she had been missing of his/her own land at the time of 10 North Korea's death, i.e., the 1st five North Korea's death, i., the head of his/her own land at the time of 10 North Korea's death, and the head of his/her own land at the time of 1st five North Korea's death, and the head of his/her own land at the 1st five North Korea's death, and the head of his/her own land at the 1st five North Korea's death, and the head of his/her own land at the 1st five North Korea's death, and the head of his/her own land at the 1st five North Korea's death, and the head of his/her own land at the 1st five North Korea's death, and the head of his/her own land at the 1st five North Korea's death, i.e., the second North Korea's death.

However, in order to find that there was the commencement of escape from the Republic of Korea to an area under the control of an anti-government organization, it is difficult to see that the court below failed to conduct a hearing, or committed an unlawful act by misunderstanding the legal principles as to the commencement of escape, and that the above unlawful act affected the conclusion of the judgment. In this case, it is difficult to see that the court below failed to conduct a trial, or committed an unlawful act by misapprehending the legal principles as to the commencement of escape, which affected the conclusion of the judgment.

Therefore, without examining the grounds of appeal by the defendant and his defense counsel, the judgment of the court below is reversed ex officio, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Lee-hee (Presiding Justice)