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(영문) 서울중앙지방법원 2012.09.28 2012노1072

국가보안법위반(찬양ㆍ고무등)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (defluence of facts and misapprehension of the legal doctrine) is not an anti-government organization, but a North Korea lost its normative power under the National Security Act premised on North Korea’s activities or arguments. 2) Even if there are parts identical to North Korea’s assertion, it cannot be deemed that the Defendant helps in praise, promoting, and promoting the activities of an anti-government organization.

3) The lower court violated the Defendant’s right of pleading by not adopting all the application for a witness filed by the Defendant and his defense counsel. (b) Even if the trial was continued due to the prosecutor’s violation of the National Security Act (the composition, etc. of a dual organization), the crime of this case was committed again despite the fact that the same type of crime was committed continuously and low on several occasions, and the risk of re-offending is serious, and the reflect sociality of the crime is significant, etc., the lower court’s punishment (two years for imprisonment and suspension of qualifications, and three years for suspension of execution) is unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles regarding the assertion that North Korea is not an anti-government organization, the fact that South and North Korea joined the United Nations at the same time, and that North Korea joined the United Nations under the name of the Democratic People’s Republic of Korea, it cannot be deemed that there was a state approval among other members of the United Nations international organization, as a matter of course, cannot be deemed to have existed. It is an international political practice

In 200, even if there was an innovative electricity for peace and reconciliation, such as the opening of a normal conference between South and North Korea and the announcement of the Joint Declaration of 6.15 South and North Korea, the relationship between South and North Korea has been developed more accordingly, and the intention of inter-Korean reconciliation and peace respect between South and North Korea has been settled in the future, the anti-government organization of North Korea still ceases to exist in the future.

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