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(영문) 울산지방법원 2013.07.26 2013노238
국가보안법위반(찬양ㆍ고무등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the defendant's act may threaten the existence and security of the Republic of Korea and democratic fundamental order and cause social confusion, and thus requires strict criminal punishment, and at least suspension of qualification should have been concurrently imposed, but the court below simply sentenced suspension of execution. Thus, the sentencing of the court below is unfair because it is too uneasible.

2. There is no record that the Defendant had been punished before the instant crime, and most of the instant crimes were committed, and no Internet posts, such as the instant crime, are posted after the police investigation. In light of the maturity of our society, the Defendant’s criminal act cannot be said to be highly likely to threaten the existence of society. In addition, taking into account the following circumstances: Defendant’s age, health condition, character and behavior, home environment, motive, means and consequence of the instant crime, and the sentencing conditions specified in the instant records and arguments, such as the circumstances after the instant crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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