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(영문) 대법원 2020.06.25 2016도17639
국가보안법위반(이적단체의구성등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court convicted each of the facts charged of this case (excluding the acquittal portion).

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 legal doctrine on the scope of application of the hearsay rule, interpretation and application of the National Security Act concerning the joining and transfer of foreign organizations, application of the crime of non-compliance with the dispersion order, and interpretation and application of the proviso of Article 1

The essence of an appeal by a defendant is to request a favorable judgment by correcting an unfavorable original judgment. Therefore, unless the judgment is unfavorable to himself/herself, there is no right to appeal.

The appeal against the judgment of innocence which is the most favorable to the defendant is unlawful.

(See Supreme Court Decision 93Do1091 delivered on July 29, 1994. The part of the violation of the National Security Act (e.g., obscenity, etc.) arising from possession of pro-enemy materials is not convicted of the defendant in the original judgment and thus, the defendant has no right to appeal. Thus, the

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

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