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(영문) 서울중앙지방법원 2015.06.23 2014노5062
국가보안법위반(찬양ㆍ고무등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Legal principles 1) Since North Korea does not pursue the invasion against the military force or the unification of the enemy, it is not an anti-government organization, and the National Security Act is unconstitutional law such as infringing on the essential contents of the freedom of ideas. 2) In particular, the expressive materials posted by the defendant do not pose an obvious risk of causing substantial harm to the national security or democratic fundamental order, and there was no awareness of the suitability of the expressive materials and there was no intention to commit a pro-enemy act against the defendant.

3) Nevertheless, the lower court found the Defendant guilty of the facts charged in this case. In so doing, it erred by misapprehending the legal principles on anti-government organizations, risk requirements, pro-enemy contents under Article 7(1) of the National Security Act, and pro-enemy contents under Article 7(5) of the National Security Act, thereby adversely affecting the conclusion of the judgment.

2. Judgment on the misapprehension of legal principles

A. At the present point, North Korea’s status and the unconstitutionality of the National Security Act is not in harmony with the basic principles of our Constitution at the present point of time, and its final purpose of North Korea’s establishment of a subject ideology and a public-private partnership society through the Chomndong Code, which is also a hostile and hostile constitution and its constitution, and for this purpose, the government explicitly declared the policies that actively support the so-called South Korea’s social democratization and anti-Korean war against North Korea’s anti-Korean society, and did not show any signs of modification while carrying out its policies accordingly.

Therefore, according to the development of inter-Korean relations, North Korea shows a clear change that North Korea will no longer pose a threat to our free democracy system, and accordingly, the national security is not maintained.

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