2013Do7382 Violation of the National Security Act (Embrym, rubber, etc.)

1. A;

2. B

Defendant B and Prosecutor (Defendant B and Prosecutor against Defendants)

Attorney C (For the Defendants)

Attorney D (For the Defendants)

Law Firm (LLC) E, Attorney F (for the Defendants)

Attorney G (For the Defendants)

Suwon District Court Decision 2012No5118 Decided May 30, 2013

January 14, 2016

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal

To be recognized as pro-enemy contents under Article 7(5) of the National Security Act, the contents of the said contents shall be active and aggressive to threaten the existence and security of the nation and the free democratic fundamental order, which is the legal interest protected under the National Security Act. Whether there is such an objection to the contents of the expressive materials must be determined by taking into account not only the overall contents of the expressive materials, but also all the circumstances such as the motive for the production, the form of the expressive act itself, the external relation with the expressive act, and the circumstances at the time of the expressive act (see Supreme Court en banc Decision 2010Do1189, Jul. 23,

The lower court, based on its stated reasoning, acquitted the Defendant on this part of the facts charged on the ground that the 35th expressive representations as indicated in its reasoning did not recognize their aptitude.

Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and evidence duly admitted, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding pro-enemy materials, or by exceeding the bounds of

2. As to Defendant B’s ground of appeal

The lower court found the Defendant B guilty of this part of the facts charged on the sole basis of the following circumstances: (a) comprehensively taking account of the contents of 10 representations as indicated in its holding, Defendant B’s career and status, and the background leading up to Defendant B’s posting of the said representations; and (b) recognized that the said representations were of merit and for the purpose

Examining the reasoning of the lower judgment in light of the aforementioned legal principles and evidence duly admitted, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding pro-enemy contents and the purpose of pro-enemy act, or by exceeding

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kwon Soon-il

Justices Kim Yong-deok

Note - Park Poe-young

Justices Kim Jae-han