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(영문) 서울고등법원 2019.03.29 2018노3249

국가정보원법위반등

Text

The judgment below

Part concerning the first crime in the judgment shall be reversed.

As to the crime No. 1 of the judgment of the defendant, three months of imprisonment and imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed on the Defendant by the prosecutor (the first crime as indicated in the judgment of the lower court: Imprisonment with prison labor for three months and suspension of qualifications for one year, and the second crime as indicated in the judgment of the lower court: imprisonment with prison labor for five months) is too un

B. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (Article 1 of the judgment of the court below) AB did not follow the direction of the defendant, but voluntarily posted the same article on the Internet as the list of crimes in attached Table 1 of the judgment of the court below in accordance with the custody of AB and character for pros and cons. Thus, the defendant is not liable for the political intervention of AB, election intervention cyber activities.

B) The Defendant first worked in the NW Games, and the National Intelligence Service (hereinafter referred to as the “National Intelligence Service”).

(C) In light of the lower court’s decision and the reasons for appeal, as the activities of the O team within the E group began on March 2009, only high-ranking executives, including J, K, and E group L, are responsible for political interventions, election campaign as principal offenders, and there is no conspiracy between the Defendant and the Defendant, who are merely performing the duties given according to the instructions of superior. C) Nos. 348,357,372 and 16 of the notice of crime list Nos. 35,43,55,87,215, 218, 227, 25, 235, 235, 240, 248, 357, 375, 372 and 47 of the notice of crime list No. 1 of the lower judgment, the Defendant did not object to any specific act of political intervention or any specific 30-day campaign.