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(영문) 인천지방법원 2016.01.28 2015노208
국가보안법위반(찬양ㆍ고무등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In light of the Defendant’s previous conviction, activities, the activities and arguments of the organization to which the Defendant joined, the role and activities of the Defendant in the organization to which the Defendant joined, etc., and the books and materials possessed by the Defendant, etc., were recognized as a pro rata, and thus, the lower court acquitted the Defendant by misapprehending the legal doctrine, or by misapprehending the legal doctrine.

2) The sentence sentenced by the lower court to the Defendant (two million won in penalty) is too unhued and unfair.

B. Defendant 1) In fact mistake or misunderstanding of the legal principles (as to the obstruction of general traffic), there is insufficient proof as to whether the assembly of this case occupied an exclusive lane, and considerably deviates from the reported contents. The Defendant merely was a simple participant of the assembly of this case, and the Defendant did not have an intention to general traffic obstruction. Moreover, the Defendant’s act does not violate the social rules, and thus, the illegality is dismissed, even if the Defendant’s act was dismissed, the lower court convicted the Defendant by misapprehending the legal principles or by misapprehending the legal principles

2) The sentence sentenced by the lower court to the Defendant is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor applied for changes in the contents of the indictment Nos. 1, 2, and 3-A, which correspond to the violation of the National Security Act (e.g., supporting quantity, rubber, etc.) as stated in the revised indictment, and since this court permitted the changes, the judgment below on the violation of the National Security Act (e.g., supporting quantity, rubber, etc.) cannot be maintained any further.

B. The joint principal offender under Article 30 of the Criminal Act, which is determined as to the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine, is jointly committing a crime by two or more persons.

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