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(영문) 대법원 2014.01.23 2011도16770
국가보안법위반(찬양ㆍ고무등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the violation of the National Security Act through the distribution of pro-enemy materials, the lower court affirmed the first instance judgment convicting the Defendant of this part of the charges on the ground that the Defendant can be sufficiently and sufficiently recognized that the Defendant delivered “the fact that the Defendant sent to O”, a pro-enemy materials, for the purpose of a pro-enemy act, on the following grounds: “The Defendant read at the N Group office located in M around September 2007 along with the H in the 200th century, and speaked to see the content thereof.” In light of the following circumstances, the lower court affirmed the first instance judgment convicting the Defendant of this part of the charges on the grounds that: (a) there is no motive to gather the Defendant as a part of the false facts; and (b) it is difficult to see that theO made a statement unfavorable to the Defendant solely on the ground that he is a soldier.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the above determination by the court below is just and acceptable, and contrary to what is alleged in the grounds of appeal, there is no violation of the principle of free evaluation of evidence against logical and empirical rules.

In the judgment of the court below, the decision was omitted as to the purpose of transfer.

The allegation that the court below’s decision was unlawful to recognize the purpose of the transfer of evidence without deliberation on it is not a legitimate ground for appeal since the defendant asserted that the defendant was the ground for appeal or that the court below was not subject to a judgment ex officio.

2. As to the violation of the National Security Act against the possession of pro-enemy materials, it is clear that the crime under Article 7 (5) of the National Security Act is a crime of producing, importing, copying, possessing, transporting, distributing, selling, or acquiring documents, paintings, or other expressive materials for the purpose of pro-enemy activities under Article 1, 3,

-in the context of the objective offence.

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