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(영문) 서울중앙지방법원 2013.11.15 2013재고합17
반공법위반등
Text

The defendant shall be innocent.

Reasons

In light of the aforementioned legal principles, the lower court determined that the Defendants 1 and 2 of the Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea

B. Around 08:15 on August 25, 1975, the Defendant 1 violated Article 9 of the Presidential Emergency Decree No. 9, and the Defendant spreaded a will to “H is the highest calendar. H is x, and L is M and *****................................................] on September of the same year, the Defendant abused the Presidential Emergency Decree No. 9......... (2) on the end, the Defendant took advantage of a certain interval at the above location, and took advantage of the personal attack of the President and the Prime Minister, etc., and took advantage of it, “H is the highest calendar. H and x,” and “M and *...”

C. As to the violation of the antipublic law among the facts charged in the instant case, the prosecutor filed a prosecution by applying Article 4(1) of the antipublic law, and applying Article 4(2) and (1)(d) of the Emergency Decree No. 9 (hereinafter “Emergency Decree No. 9”) as to the violation of the Presidential Emergency Decree No. 9 (hereinafter “Emergency Decree No. 9”), respectively.

2. Determination

A. Determination on the violation of the Anti-Public Law 1) Since each protocol of interrogation of a suspect to handle affairs regarding the accused who has no admissibility of evidence is denied by the defendant and his defense counsel in this court, all of the evidence admitted as admissible evidence is inadmissible. 2) Whether the facts charged in this case can be admitted only by the evidence admitted as admissible evidence is Article 4 of the former Anti-Public Law (amended by Act No. 3318 of Dec. 31, 1980, which was repealed by being integrated into the National Security Act).

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