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(영문) 대법원 2020.07.29 2016도17818
국가보안법위반(이적단체의구성등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal on the grounds of appeal, the lower court determined as follows: ① Violation of the National Security Act due to Defendant A’s holding 2010 F and G’s “209” and “2009 H”; Defendant B’s holding the 7th session” and “the 2009 H”; the production and distribution of materials which are pro-enemy materials; the 1 production and distribution from July 25, 2009 to December 17, 2009; the violation of the National Security Act due to the production and distribution of the name “J” and “the 10th session of the 6th session of the 6th session” and “the 6th session of the 6th session of the 6th session of the Republic of Korea”; Defendant C’s holding and distribution of materials which are pro-enemy materials; and Defendant C’s holding and distribution of materials which are the 60th session of the 10th session of the National Security Act and each of the 10th session of the 20th session of the 20th group of the 1.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine.

2. As to the Defendants’ grounds of appeal, the lower court convicted the Defendants of the remainder of the charges except the aforementioned not guilty portion.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the National Security Act.

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