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(영문) 대법원 2019.05.16 2018도20934

국가보안법위반(찬양ㆍ고무등)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court, on the grounds as indicated in its reasoning, acquitted the prosecutor on the charge of each violation of the National Security Act (e.g., praise, rubber, etc.) listed in the attached Table No. 9, 17, 18, 20, 25, 27, 28, 28, 32, 42, 43, 45, and 47, as indicated in the judgment of the first instance court cited by the lower court

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on the proportionality in the crime of violating the National Security Act, and by violating the principle

2. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of the instant facts charged (excluding the part not guilty of the disposition) on the grounds indicated in its reasoning

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine, thereby infringing the Defendant’s right to defense

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

참조조문