2013Do10680 Violation of the National Security Act (e.g., praises, rubbers, etc.)

A person shall be appointed.

Prosecutor

Suwon District Court Decision 2012Do5706 Decided August 22, 2013

August 28, 2014

The appeal is dismissed.

The grounds of appeal are examined.

The prosecutor must prove that there was an intention to commit a pro-enemy act under Article 7(5) of the National Security Act. The mere fact that an actor committed an act under Article 7(5) with the knowledge that he/she was a pro-enemy act is a pro-enemy act should not be presumed to have an intent to commit a pro-enemy act. In the absence of direct evidence to prove that the act was a pro-enemy act, in addition to the circumstances that constitute a pro-enemy act, the determination may be made by comprehensively taking into account the following factors: (a) the Defendant’s career and status; (b) the background leading the Defendant to commit an act under paragraph (5) in relation to pro-enemy act; (c) the background leading up to the Defendant’s pro-enemy act; (d) whether the Defendant joined a pro-enemy act; and (e) the substantial goal of the pro-enemy act

In addition, the interpretation principle that the National Security Act should be applied to limited cases where there is an obvious risk of substantial harm to the existence and security of the State or democratic fundamental order, applies to the interpretation of the act prohibited under Article 7(1) of the National Security Act (see Supreme Court en banc Decision 2003Do758, Apr. 17, 2008, etc.).

The court below acquitted all of the charges of this case on the ground that the defendant cannot be deemed as acquiring and distributing tweweets listed in the attached list of crimes (1) in the judgment of the court of first instance for the purpose of committing tweeting, including the defendant's career and status, and hearing tweet (tweet) as stated in the facts charged of this case, on the ground that the defendant's act of posting tweweets listed in the attached list of crimes (2) and (3) in the judgment of the court of first instance cannot be deemed to have a clear danger of harm to the existence and safety of the Republic of Korea or democratic fundamental order.

was made.

Examining the reasoning of the judgment below in light of the aforementioned legal principles and records, the judgment below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the praise, rubber, and acquisition and distribution of pro-enemy materials under the National Security Act, or by exceeding the bounds of the principle of free evaluation of evidence.

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

Justices Kim So-young

Justices Shin Young-young

Note Justice Lee Sang-hoon

Justices Kim Yong-deok