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(영문) 전주지방법원 2013.06.14 2012노1134
국가보안법위반(찬양ㆍ고무등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The North Korea is not an anti-government organization under Article 2 of the National Security Act, but the Defendant did not have any awareness of it.

B) It is difficult to view the instant expressive material as having a different character, and thus, does not constitute a “personal expression” under the National Security Act, and the Defendant did not have an intention to act as a dual act with respect to the Defendant. C) The Defendant’s charges No. 3.

B. (1) The contents of each representation described in (c) are inserted in his/her tables in a closed state, which does not constitute an act of distributing “distribution” under Article 7(5) of the National Security Act. 2) The sentence imposed by the lower court of unfair sentencing (two months of imprisonment, two years of suspended execution, and one year of suspended qualification) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. Determination

A. On September 17, 1991, the Republic of Korea and North Korea joined the United Nations simultaneously to determine the facts of anti-government organizations, etc. of North Korea, and on December 13, 1991, the Framework Agreement on South and North Korea was adopted at the high level conference of the South and North Korea. On June 15, 2000, the South and North Korea held the ordinary conference and announced the joint declaration of South and North Korea, and there was active exchanges and cooperation between South and North Korea as well as political, economic, social, cultural, academic, sports, etc. The development of inter-Korean relations has the constitutional grounds to the extent that it is to establish national goals of peaceful unification policies and to the extent that it is to implement such policies.

However, the fact that North Korea joined the United Nations in the name of the Democratic People's Republic of Korea does not necessarily mean that there was a state approval among other members who have joined the United Nations's international organization.

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