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(영문) 의정부지방법원 2016.02.17 2014노385
국가보안법위반(찬양ㆍ고무등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months and suspension of qualifications for up to two years and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the convictions of the lower judgment by misunderstanding the facts and misapprehension of the legal doctrine, the part of the lower judgment regarding ① the following: (i) the event was held and proceeded with, or the personnel of all levels of society together with, a large number of civil society organizations with the Franchisive Republic of Korea; (ii) the event was held and carried out; and (iii) the contents of the event were criticized or discussed about the government’s policy for unification or unification within the scope of freedom of expression; (iv) the Defendant was not supported or aided for the purpose of North Korea’s attention and week or was in the position of president of the Franchisp; (v) the Defendant held and carried out the position of president of the Franchisp; (v) the Eth general meeting; and (v) the event was held and carried out by the Franchisp; and (v) the Defendant did not actually participate in the event and exercise of the democratic fundamental order.

(2) An act, such as an immigration control organization

(2) The Defendant’s act on behalf of the Speaker is an honorary post, and the Defendant did not actually engage in the management of the website and managed it by the practitioners. The mere fact that the Defendant’s act on behalf of the Speaker cannot be readily deemed as a pro rata, and that there is an obvious risk of substantial harm to the nation’s existence and security and democratic fundamental order.

Now, the defendant can be said to be a pro rata expression.

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