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(영문) 수원지방법원 2013.05.30 2012노5118
국가보안법위반(찬양ㆍ고무등)
Text

All the judgment below is reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months and suspension of qualifications for ten months.

except that this judgment.

Reasons

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. As to the production of each expressive material listed in the separate sheet (2) No. 3 through 13 among the facts stated in paragraph (2) of the judgment of the court below against Defendant A, it is confirmed that Defendant A was guilty on May 14, 2009 due to the crime of violation of the National Security Act (Influence and escape) on the same day, etc., the production date of which is the date may be suspended, which is a standard to determine when it would have a significant impact on the Defendant’s interest. However, this part of the facts charged is not the actual production date, but the production date based on the Internet notice date, which is specified as the date of the crime, and thus, it cannot be deemed as having been specified to the extent that it does not undermine the

(2) North Korea is not an anti-government organization.

(3) The article posted on the Internet under the principle of no crime without the law does not constitute “documents, paintings, or other representations” under Article 7(5) of the National Security Act.

(4) The representations stated in each of the facts charged in the instant case are not different, but did not have the intent to commit the crime or to act with the intent of committing the crime.

(5) The sentence of the lower court against the Defendants [Defendant A: Imprisonment with prison labor for 10 months and suspension of qualifications for the remaining crimes as provided in the holding, 8 months and suspension of qualifications for 10 months, 8 months, 3 years and suspension of qualifications for 1 year and 6 months, 1 year and suspension of qualifications for 1 year and 3 years and 1 year and 6 months of suspension of qualifications for 1 year and 1 year and 1 year and 6 months of probation, 2] is too unreasonable.

B. In light of the importance of each of the instant crimes committed by prosecutors (unfairness) and the fact that the Defendants are not obliged to repent, the lower court’s punishment against the Defendants is too uneasible and unreasonable.

2. The date, time, place, and method of the crime in the description of the facts charged regarding Defendant A’s assertion on the unspecified facts charged.

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