The crime constituting an anti-government organization under the National Security Act is an immediate crime which is completed simultaneously with the establishment of the crime.

An offense constituting an anti-government organization under the National Security Act is an immediate crime which is completed simultaneously with the establishment of the offense, and the statute of limitations is in progress at the same time with the composition of the offense.

Article 1 of the National Security Act

Supreme Court Decision 4294 Form378 Delivered on September 28, 1961

Defendant

Prosecutor

Busan District Court Decision 68No1899 delivered on July 8, 1970, Busan District Court Decision 68No1899 delivered on July 8, 1970

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

Since the judgment of the first instance court of this case is justified in holding that "the defendant is an anti-government organization that denies the Republic of Korea and imprisons the support for North Korea" in the facts charged against the defendant, the defendant's act of forming an anti-government organization under the National Security Act is a crime immediately after completion of the crime at the same time as the crime is established (see Supreme Court Decision 4294Ma378 delivered on September 28, 1961). The judgment of the first instance court of this case is affirmed with the thickness of the judgment of the first instance court of this case that "the defendant is an anti-government organization that denies the Republic of Korea and imprisons the Republic of Korea" after being informed of the fact that the Korean Federation, which is a re-help, was Japan with the thickness of Japan 1960.8.8.

Therefore, as long as the first instance court's judgment on this point is justified, even if the court below did not provide a statement on this point, it cannot be deemed to constitute a case where it did not make a decision on matters that may affect the judgment, and it cannot be said that it should be made ex officio. Therefore, in this case where there is no point on the reason for prosecutor's appeal, there is no illegality of failing to make a decision on the reason for ex officio.

There is no reason to hold an appeal that there is an error of omission in the judgment of the court below as to the above point.

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

Judge Han-dong (Presiding Judge) of the Supreme Court