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(영문) 의정부지방법원 2018.12.06 2018노1173
국가보안법위반(찬양ㆍ고무등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for each of the crimes listed in the annexed list of crimes 1 to 6.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant’s misunderstanding of facts posted the same article as the facts charged, the Defendant did not have an obvious purpose to praise the political system on North Korea’s side or the military politics.

B. The punishment of the lower court (each crime of No. 1 through No. 6 of the daily list of offenses listed in the judgment: Imprisonment with prison labor for 4 months, and each crime of No. 7 through No. 63 of the annexed crime table listed in the judgment: Imprisonment with prison labor for 8 months) is too unreasonable.

2. Determination ex officio as to each violation of the National Security Act (contested quantity, rubber, etc.) in the annexed list of crimes Nos. 9, 17, 18, 20, 25, 27, 28, 32, 42, 43, 45, and 47

A. In order to be recognized as a pro rata expressive material under the National Security Act, the content of the expressive material must be active and aggressive that threatens the existence, safety, and democratic fundamental order of the nation, which is a legal interest in the protection of the National Security Act. Whether there exists such an objection to the expressive material ought to be determined by comprehensively taking into account not only the overall content of the expressive material, but also all the circumstances, such as the motive for such production, the form and external relation with the expressive act, and the situation at the time of the expressive act (see Supreme Court Decision 2009Do9152, Jul. 28, 2011, etc.). B. In light of the foregoing legal doctrine, the following facts charged are examined ex officio as to whether the expressive material constitutes a pro rata material described in the facts charged.

(1) The argument that the U.S. and Japan’s interference is criticized and excluded from independent unification by asserting that 9,20 U.S. dollars per annum 9,20 U.S. dollars and that this issue itself can be the subject of free debate within the Republic of Korea, unlike North Korea’s principal ideology, military politics, lectures, and praises for nuclear experiments, etc. In each of the above notices, North Korea’s policies may be inferred or praised.

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