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(영문) 춘천지방법원 2014.12.24 2014노1
국가보안법위반(찬양ㆍ고무등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles, all of the facts charged in this case can be found guilty. However, the court below acquitted the defendant of the violation of the National Security Act in the annexed list Nos. 4 (1) and the annexed list Nos. 1, 3, 9, 20, 24 among the facts charged in this case on the ground that the evidence submitted by the prosecutor alone is difficult to readily conclude that the posting of some representations on the Internet constitutes an act of obvious danger that may pose substantial harm to the national existence and security or democratic fundamental order, and that some representations are insufficient to recognize the suitability. The court below erred in the misapprehension of legal principles as to the act of dual designation and assistance, pro-enemy act, pro-enemy purpose, and pro-enemy contents, and thereby adversely affecting the conclusion of the judgment.

B. The sentence of unfair sentencing (two years of suspension of execution and ten months of suspension of qualifications in October) by the lower court is too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the prosecutor's evidence that there is a criminal fact in the criminal procedure shall be presented to the prosecutor, and even if the change of the defendant's lawsuit is unreasonable and false, it shall not be disadvantageous to the defendant, and the proof of the criminal fact shall require the judge to have a high probability to recognize it to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to the extent that there is no evidence to establish such a degree, the suspicion of

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.). Examining the reasoning of the acquittal portion against the Defendant in light of related evidence and records, the lower court’s decision is justifiable to have rendered a not-guilty verdict on this part of the facts charged for reasons as stated in its holding.

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