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(영문) 대구지방법원 2017.02.17 2015노2902
국가보안법위반(찬양ㆍ고무등)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The gist of the grounds for appeal was the core and leading role of the defendant;

Considering the fact that the production, distribution and possession of the instant expressive materials by the Defendant’s act of producing, distributing, and possessing the instant expressive materials ought to be understood in the extension of their arguments and activities by the organization or its members, in full view of the following: (a) the Defendant’s Internet bulletin or e-mail sent by the Defendant, the Defendant’s statement made at an investigative agency, etc., can be confirmed that the Defendant intended to realize the dual purpose through learning and teaching of ideas; (b) the Defendant’s act does not deny the dual purpose on the sole ground that the Defendant did not have joined the organization; (c) the Defendant’s act is not related to the nature and attitude of AR, which is the nation’s national organization, the process of leading members, the power of its members, etc.; (d) the Defendant’s act continues to have been repeated for a long time; and (e) the Defendant’s act is not merely a mere mere mere mere mere fact that there is an obvious danger that the Defendant’s act would be an obvious risk of producing and distributing the instant expressive materials to the members, etc.

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