Ministry of Health and Welfare in Article 4 of the former Anti-Public Law

An act of praiseing, or provoking, the so-called anti-government organization under Article 4 of the former anti-government organization is not required to have the intent or intent to commit the act, and is sufficient if there is awareness of the same fact.

Article 4 of the Antipublic Law (No. 643, Dec. 31, 1980)

Defendant

Defendant

Busan District Court Decision 80No1696 delivered on December 27, 1980

The appeal is dismissed.

The grounds of appeal are examined.

1. We affirm the facts constituting the crime in the judgment of the court of first instance based on the evidence of the court of first instance, and it cannot be said that there were errors in the process of fact-finding.

2. In addition, according to the decision of the court below, the defendant's speech and behavior is to praise and coordinate North Korea's anti-government organization, North Korea's anti-government organization, and Kim Il-man's leader's act, and in Article 4 of the former anti-government organization, the act of praiseing or pro-government organization is not required to have an awareness of its purpose or intent, but it is sufficient if there is an awareness of these facts (see Supreme Court Decision 74Do846 delivered on July 16, 1974). According to the records, the above judgment of the court below by the defendant can be known that the act was done with the awareness of praiseing anti-government organization, and therefore, it is justified in the decision of the court below that maintained it, and there is no argument that the decision of the court below by Article 4 (1) of the former anti-government organization is justified.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-hee (Presiding Justice)