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(영문) 대법원 1985. 10. 22. 선고 85도2083 판결

[국가보안법위반][공1985.12.15.(766),1596]

Main Issues

The case holding that, since the contents of this paper do not constitute praises, rubbers, concerts, etc. of anti-government organizations, the so-called "scams" and "scams" of this paper do not constitute a violation of Article 7 (5) of the National Security Act.

Summary of Judgment

The case holding that since the contents of this paper do not constitute a crime of violation of Article 7 (5) of the National Security Act, the so-called "absiling" holding a magazine containing a thesis as it does not constitute a crime of violation of Article 7 (5) of the same Act.

[Reference Provisions]

Article 7 (5) of the National Security Act

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Incheon District Court Decision 85No424 delivered on August 19, 1985

Text

The appeal is dismissed.

Reasons

We examine the prosecutor's grounds of appeal.

As to the facts charged that the defendant purchased one ticket from October 1965, which is the content of the thesis of "Pule Economy", which is the contents of "Puleman" in the central market located in Seongdong-gu Seoul Metropolitan Government, for the purpose of praiseing the activities of North Korea as an organization of anti-state organization and promoting this, the judgment of the court below is hard to view that the contents of the charge related to the contents of the charge that the defendant's possession of book-keeping until October 1984 (Violation of Article 7 (5) of the National Security Act) is difficult to view the contents of the charge as the "Pule Economicist", and it is hard to view the contents of this thesis as the "Puleman", which is the content of the anti-state organization's activities, as the contents of this article, and it is difficult to view the contents of this article as the economic policy of the anti-government organization's free capital and its contents as the form and nature of accumulation of various national capital and impact on the national economy. However, it is difficult to see all academic and economic norms.

In light of the records, the fact-finding and decision of the court below is justified, and there is no misunderstanding of the contents of the thesis in this article, and it cannot be readily concluded that the contents of the article are contents that benefit in North Korea, which are anti-government organizations, because the contents of the article in this paper are the same as the contents of the Cheonger's publication.

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

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju