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(영문) 대전고등법원 2016.05.27 2015노646
국가보안법위반(목적수행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (guilty in the judgment of the court below) Defendant did not have awareness and belief to assist in the activities of an anti-state organization.

B) With respect to the performance of the purpose by inducement, there is no objective evidence that I is a H’s personnel or major personnel, ② there is no evidence of the receipt of an order from I, ③ there is no evidence of the receipt of an order from I, and ③ in relation to the speech and behavior of I and AD, the lower court mistakenly recognized the facts, and (1) in relation to the performance of the purpose due to the inducement C, any video produced by I to C is not a video of the North Korean system, but a video of I, and there is no evidence of the I’s praise of North Korea.

(2) With respect to the performance of the purpose of D inducement, no photograph of J and AI is found to be attached to I's house living room, and there is no room for our suit to see unification.

In addition, the J and AI are the honor of the Joseon People.

There is no fact that J said that it is superior to AJ;

Even if such recognition is made, it cannot be deemed that the Defendant intended to include AC, C, and D, and thus, the Defendant was included in I and received the order for committing the crime of inducement.

shall not be deemed to exist.

C) In relation to the acquisition of a pro rata expression, the Defendant did not acquire or possess it with the knowledge that it would endanger the existence and security of the State or the fundamental democratic order.

2) The punishment of the lower court’s unfair sentencing (three years of imprisonment and three years of suspension of qualifications) is too heavy.

B. The Prosecutor 1) misunderstanding of the legal principles (A) misunderstanding of the Defendant’s dual designation (a) is consistently maintained from the beginning of the charged crime to the end of the charged crime, and the lower court acquitted the Defendant on the charge of meeting and receiving money and valuables on the ground that there is no dual designation.

B) With regard to the volume of gold received, the difference or purpose of the value of the received money is to commit the crime of receiving money.

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