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(영문) 서울고등법원 2019.01.23 2018노2197

국가정보원법위반등

Text

The judgment of the court below is reversed.

The defendant shall be sentenced to 10 months of imprisonment and 10 months of suspension of qualification against the first crime.

Reasons

1. Summary of grounds for appeal;

A. Of the parts that the lower court rendered a not guilty on the ground that it does not constitute a mistake of facts or misunderstanding of legal principles or election campaign, it appears that the contents of the attached Table 1 (1) to 25712 through 25715, 35613 as indicated in the judgment of the lower court are criticized. However, this is an election campaign or political activity participation by AD, because it is intended to criticize the DNA professor who is leading to the presidential election of AE and supports the policies of AD party, and thus, it constitutes an election campaign or political activity participation by 2720 through 2723, 39 through 4018, 4849, 15343, 1534, 17141 through 1714, 1921 through 23, 1931 through 1934, 1935 to 254, 1965 to 204, 1965 or 1964.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which did not constitute an election campaign or political activity.

B. The lower court’s sentence of unfair sentencing (six months of imprisonment and suspension of qualification for the crimes of No. 1 in the original judgment, six months of suspension of qualifications, and two years of suspended execution for each of the above imprisonments as stated in the lower judgment) is deemed to be too uneasible and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts or misapprehension of legal principles, each of the following parts in Q’s twebing comments presented by the Defendant constitutes an act of participating in political activities by taking advantage of the position of the NIS’s staff, as a content supporting or opposing a specific political party or politician.