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(영문) 수원지방법원 2015.08.19 2015노728

국가보안법위반(찬양ㆍ고무등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, suspension of qualifications for six months of suspension, forfeiture) imposed by the court below is too unfased and unreasonable.

2. The crime of this case is manufactured and distributed in possession of, for a long time, the risk that the Defendant may endanger the nation’s existence and security or democratic fundamental order. In particular, it is not easy for anyone to have access to, and has strong radio wave power, and through the Internet, which may mislead the general public and encourage social confusion. The crime of this case is no less than 70 pro-enemy contents, and its criminal liability is somewhat weak by producing or distributing 70 pro-enemy contents.

However, beyond the crime of this case, the Defendant did not proceed to the direct or active act that may endanger the national existence and security or the free democratic fundamental order, and runs counter to the crime of this case in depth, and further, did not interfere with the same mistake.

In addition, the defendant has no record of criminal punishment.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, details and contents of the offense, and circumstances after the offense, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair as the sentence imposed by the lower court is too uneasible

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.