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(영문) 대구지방법원 2014.11.21 2014노1567

국가보안법위반(찬양ㆍ고무등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, one year of suspension of qualifications, and two years of suspension of execution of imprisonment) declared by the court below is too uneasy and unreasonable.

2. From the point of view of the peaceful unification of South and North Korea as the partner of the unification, the other party to the dialogue, and the praise and support of the North Korea’s principal ideology, military politics, strong politicalism, nuclear development, etc. which are difficult to coexist with our free democracy system, should be clearly distinguished. The Defendant’s crime of this case is distributed by preparing and posting documents praiseing the North Korea’s system on the Internet camera where the Defendant works for a long time, and is likely to harm the nation’s existence and security, free democracy, and democratic fundamental order. However, there are unfavorable circumstances such as that the Defendant’s act of posting pro-enemy materials of this case on the Internet camera where the Defendant works for the Republic of Korea is likely to harm the nation’s existence and security, and that the nature of the crime is bad. However, the Defendant’s act is not likely to harm the nation’s safety, safety or democratic basic order, as it appears that the Defendant’s active act was committed in the first place without any history of punishment for the same kind of crime, our society’s democracy, circumstances surrounding the Defendant’s activities, opening of the Internet, etc.