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(영문) 대법원 2017.01.25 2016도18102

국가보안법위반(이적단체의구성등)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The Defendants’ grounds for appeal should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence based on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court: (a) the Defendants’ organization constituted a dual organization as indicated in the first instance judgment; (b) the Defendants conspired with other assistants of the said organization and acted in concert with the said organization; and (c) the said Defendants possessed documents with the intent to encourage the above Defendants’ activities as a anti-state organization as a pro-state organization.

Recognizing that, the Defendants did not accept the grounds for appeal as to mistake of facts and misunderstanding of legal principles.

The allegation in the grounds of appeal disputing the determination of facts that led to the determination by the lower court is merely an error of the lower court’s determination of evidence selection and probative value, which belong to the free judgment by the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on exceptions to professional law, dual organizations, dual act, dual act, dual act, dual act, expressive act, dual act, democratic fundamental order, freedom of assembly assembly, freedom of conscience, freedom of thought and conscience, protection of the fundamental rights of the people, or by exceeding the bounds of free evaluation of evidence

2. Regarding the prosecutor's grounds for appeal

A. The finding of guilt in a criminal trial must be based on evidence of probative value, which could lead a judge to have a conviction that the facts charged are true beyond a reasonable doubt, and if there is no such proof, it shall also be proven.