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(영문) 전주지방법원 2017.11.03 2016노79
국가보안법위반(찬양ㆍ고무등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Regarding the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), the Defendant asserted the joint military training opposition, the conclusion of peace agreements, the destruction of the Korea-U.S. Union, the number of iron in the U.S. in Korea, etc., with the knowledge of the fact that it may endanger the national existence and security or the fundamental democratic order, and praise, encourage, promote, or aid North Korea’s federal unification scheme and other arguments.

With regard to the possession of production and distribution of the pro ratas, each book or document file recorded in the facts charged constitutes provoking and encouraging North Korea by praiseing North Korea’s stay in North Korea and Kim Il, or pursuing federal unification, and the Defendant was able to produce, distribute, and acquire the provokings with the aim of endangering the nation’s existence and security or the democratic fundamental order.

Nevertheless, the judgment of the court below which acquitted the defendant of the whole facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of

2. Determination

A. As to the prosecutor’s assertion on the pro-enemy portion of the anti-state organization, Article 7(1) of the National Security Act provides that “The act of promoting and promoting the activities of anti-state organizations is a requisite element for the formation of the anti-state organization with the knowledge of the fact that it may endanger the nation’s existence and security and democratic fundamental order.” Here, the term “contestation” refers to an expression of the intent of the east, religion, worship, worship, and name with respect to the activities of anti-state organizations, etc., and the term “contestation” refers to an expression of the intent of encouragement as to the activities of anti-state organizations, etc., thereby promoting the morale. The term “contestation” refers to an expression of the same content as the activities of anti-state organizations, etc., by informing of the contents or intent of the activities of the anti-state organization, etc., and the term “contestation” refers to an assertion, or consistent with it.

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