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(영문) 대구지방법원 2017.02.17 2015노2903
국가보안법위반(찬양ㆍ고무등)
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Comprehensively taking account of the evidence submitted by the Prosecutor’s summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), it is sufficiently recognized that the Defendant produced, distributed, or possessed representations of each of the facts charged of this case for the purpose of benefiting from the joint military training of the United States, the conclusion of peace agreements, the destruction of the Korea-U.S. Union, and the removal of US Armed Forces in Korea.

However, the lower court erred by misapprehending the legal doctrine on the National Security Act and thereby adversely affected the conclusion of the judgment.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined the facts charged in the instant case ex officio, and the prosecutor applied for an amendment to a bill of amendment to the indictment in the same manner as the stated in the revised facts charged. Since this court permitted this, the judgment of the court below was no longer maintained.

However, there is a ground for ex officio reversal, but the revised facts charged more specifically states the main contents and purport of each expressive material listed in the attached Form of the facts charged prior to the amendment, and it is merely an addition of some indirect facts, and the prosecutor's mistake of facts and misapprehension of the legal principles are still subject to the judgment of this court, and we examine

3. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. The general legal doctrine on the interpretation of the National Security Act 1) In order to be recognized as a pro rata expressive material under the National Security Act, the content of the expressive material must be active and aggressive to threaten the existence and security of the State and the fundamental democratic order, which is the legal interest of the protection of the National Security Act. Whether the expressive material has such an objection to the foregoing, not only the overall content of the expressive material, but also the form of the expressive act itself.

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