Although purchasing books on the theory of basic publicism or its practice and keeping them in custody, if it was purchased from the academically dynamic ideology and kept for the purpose of funeral, the fact alone cannot be said to acquire or keep them for the purpose of benefit of the anti-state organization.

Even if a person purchased books within the basic theory of the No. 199, and concealed them in the form of a punishment, he can only be said to acquire or keep them for the purpose of benefit of anti-government organizations, if he purchased them in the academic field theory and kept them for the purpose of funeral.

Article 4 of the Antipublic Law

Defendant

Prosecutor

Seoul High Court Decision 70No906 decided January 25, 1971

The appeal is dismissed.

The grounds for appeal by the chief prosecutor of the Gwangju District Prosecutor's Office for the new prosecutor's office are examined;

According to the original judgment on June 1960, the court below acknowledged that the defendant purchased the above book at the 4-distance International Spanty theory or 600 won per ticket, such as Japanese Won Won-si on its practice, through a newspaper in Seoul at the time when he worked with the personnel affairs of the Office of Government Administration and provisional commission of the State Council, and that part of the book, such as 250 won or 600 won per ticket, was searched, and kept in favor of the defendant's house and after the house of the defendant, and then kept it in favor of the defendant's house. The court below determined that the defendant's act of attack cannot be viewed as an attack by considering the defendant's career as well as his academic relation, etc., and that the defendant was not a publicist, and that the defendant was not a person who will act with the above book, and that it was hard to find that the defendant did not have any violation of the law by considering the above facts and the record that the defendant did not have any intent to keep it in custody.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge)