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(영문) 제주지방법원 2017.04.20 2017노41
국가보안법위반(찬양ㆍ고무등)
Text

The judgment below

[3] 3-2]

A. (i) Each of the crimes listed in Schedule 2 to 8, 10, and 17 (i.e., Schedule 2 to 8, 17).

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misapprehension of the legal principles (guilty part) ① The facts charged on the premise that North Korea is not an anti-state organization, and each of the facts charged should be pronounced not guilty. ② With respect to the violation of the National Security Act by distributing each of the facts charged, this part of the facts charged by the Defendant merely requires the Defendant’s subjective appraisal or evaluation, and thus does not constitute a pro rata. ③ The fact that each of the facts charged by the Defendant was in violation of the National Security Act due to possession of each of the pro rata representations in this part of the facts charged does not constitute a pro rata, and thus, it does not constitute a pro rata expression, and even if the pro rata expression constitutes a pro rata expression, there was no intention to commit a pro rata act against the Defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of each of the facts charged is erroneous or erroneous by misapprehending the legal principles.

2) At the first trial date of the first trial ( March 23, 2017), a defense counsel asserts that only misunderstanding of legal principles and misunderstanding of facts were the grounds for appeal. However, the grounds for appeal submitted by the defense counsel are also stated as the grounds for appeal, and the defendant or defense counsel explicitly withdrawn the sentencing.

It does not seem that it does not appear.

Punishment of the lower court (Article 3-1 of the lower judgment)

A. (i) Each of the crimes listed in the table of annexed crimes 2 through 8, 10 through 17 shall be subject to imprisonment with prison labor for 4 months, and No. 3 of the judgment of the court below

(a) (i) No. 18,20, or 28 of the table of annexed crimes; (ii) No. 3 of the ruling;

A. Each of the offenses committed by Doshe and the offenses listed in Section 3-b. of the holding: Imprisonment with prison labor for not less than eight months and suspension of qualifications for one year) is too unreasonable.

B. In full view of the evidence submitted by the Prosecutor 1) by misunderstanding the legal principles (the part concerning the crime) and the evidence submitted by the Prosecutor, each of the notices sent in the year Nos. 1, 9, 19 of the annexed Table of Crimes (1) and Nos. 3, 4, and 5 of the List of Crimes (2) shall be deemed to have the aptitude.

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