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(영문) 대법원 2016.10.13 2016도7881

국가보안법위반(찬양ㆍ고무등)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that all charges of this case were guilty on the grounds stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, by misapprehending the legal principles, or omitting judgment, or by failing to exhaust all necessary deliberations, thereby affecting the conclusion of the judgment.

In addition, Articles 294, 294-2, 295, and 296 of the Criminal Procedure Act concerning the application for examination of evidence and the decision of evidence are not a provision that infringes on the defendant's right to pursue happiness, right to equality, right to trial, etc.

The ground of appeal against this cannot be accepted.

Other grounds of appeal are not legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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