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(영문) 대전고등법원 (청주) 2016.05.12 2013노159
국가보안법위반(찬양ㆍ고무등)등
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts or misapprehension of the legal doctrine) - The Defendant filed an appeal against the violation of the National Security Act (such as supporting quantity, rubber, etc.) in the judgment of the first instance, and withdrawn the appeal against the above part on the date of the fourth trial of the first instance.

Although the Defendant had possession of the expressive materials on the facts constituting the crime as indicated in the lower judgment (hereinafter “the instant expressive materials”), the instant expressive materials were not different, but did not have any awareness of, or intention to, the instant expressive materials to, the Defendant.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles.

B. Prosecutor 1) In regard to the violation of the National Security Act (U.S.’s misunderstanding of the facts or misapprehension of the legal doctrine), the lower court did not constitute a pro rata expression of the fact that the “Public Party Declaration”, “DE House”, “in-depth political party’s path for social transformation”, “Woo-to-be opened a new era of independent labor movement,” and “the name of the person who will hold a new era of independent labor movement,” and “the pro rata and the pro rata task” (hereinafter “Public Party Declaration, etc.”) did not constitute a pro rata expression of the pro rata.

However, considering all the contents of the declaration of the political party and the circumstances of the defendant's possession, it can be sufficiently recognized as a pro rata expression.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts or misunderstanding the legal principles.

B) As to the violation of the Political Parties Act and the violation of the law by a public official on the violation of the Local Public Officials Act, the violation of the Political Parties Act due to an act of joining a political party and the violation of the law by a local public official shall be deemed as a continuous crime, unlike

Nevertheless, the judgment of the court below that acquitted the facts charged is erroneous in the misapprehension of legal principles.

2) The sentence imposed by the lower court against the Defendant (one hundred months of imprisonment, two years of suspended execution, ten years of suspension of qualifications, and a fine of five hundred thousand won).

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