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(영문) 서울중앙지방법원 2018.11.29 2018노2573

국가보안법위반(찬양ㆍ고무등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Scope of the judgment of this court;

A. The first instance judgment convicted the Defendant of both the violation of the National Security Act (e.g., praiseing, encouraging, etc.) and interference with general traffic, and sentenced the Defendant to a suspended sentence of two years, suspension of qualification for one year, and forfeiture of sentence.

On the other hand, the defendant filed each appeal on the grounds of mistake of facts, misunderstanding of legal principles, sentencing unfair, and sentencing unfair.

B. The lower court acquitted the Defendant on the charge of violating the National Security Act (e.g., praiseing, etc.).

On this basis, the prosecutor filed an appeal on the grounds of mistake of facts.

(c)

Before remand, the appellate court rendered a judgment dismissing all the appeals by the defendant and prosecutor against the judgment of the court of first instance and by the prosecutor against the judgment of the court of second instance.

On the other hand, the defendant filed each appeal on the grounds of misunderstanding of legal principles and misunderstanding of legal rules and misunderstanding of legal principles.

(d)

With respect to the portion of the National Security Act violation (e.g., obscenity, etc.), the Supreme Court erred by misapprehending the legal doctrine regarding the pro ratas under Article 7(5) of the National Security Act, and by failing to exhaust all necessary deliberations as to whether the content of the book constitutes proactive and aggressive expressions that threaten the nation’s existence and security and the fundamental democratic order, and thereby, by failing to exhaust all necessary deliberations as to whether the content of the book constitutes pro ratas that exceed the limit of

The judgment of the court below prior to the remanding is reversed and remanded to this court, on the ground that the judgment of the court below prior to the summons maintained a single sentence against this part and the remaining conviction, and that the entire conviction portion of the judgment below prior to the remanding was reversed and remanded to this court. The prosecutor’s appeal by the prosecutor was dismissed [the part concerning the violation of the National Security Act (e.g., praiseing, etc.) of the second judgment.] E. Therefore, the subject of the judgment of the court is limited to the judgment of the court of first instance, which is the crime of violating the National Security Act

2. Summary of the grounds for appeal (the first instance judgment)