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(영문) 수원지방법원 2016.04.07 2015노2799
국가보안법위반(찬양ㆍ고무등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The Defendant was sentenced to the lower judgment on May 13, 2015 and filed an appeal against it on the same day, and did not submit the reason for appeal within 20 days, which is the period for submission of the legitimate reason for appeal, even after receiving a notice of receipt of the record of trial from this court on December 10, 2015, even though he/she was served with a notice of receipt of the record of trial on December 10, 2015; the petition of appeal submitted by the Defendant does not contain any reason for appeal; and there

2. Judgment on the prosecutor's appeal

A. The sentence imposed by the lower court (one year of imprisonment, one year of suspension of qualifications, two years of suspended execution, two years of suspended execution, observation of protection) on the gist of the grounds of appeal is too unfasible and unreasonable.

B. The instant crime was committed on a 41-time basis by the Defendant’s presentation of the expressive materials that praise or advertise the activities of North Korea and its constituent members, a group of anti-state organizations, via multiple Internet sites, and is likely to mislead the general public and lead to social confusion. As such, there is a disadvantage that the Defendant could not recognize the mistake while denying North Korea’s anti-state organization.

However, in light of the maturity of our society, the risk to the existence and safety of the State or the fundamental democratic order has increased significantly by committing the instant crime.

In full view of the following facts: (a) it is difficult to see that the crime of violation of the National Security Act (such as supporting quantity, rubber, etc.) and the crime of this case, which became final and conclusive on April 17, 2015, ought to consider equity in the case where the crime of this case was judged simultaneously; (b) if the crime of violation of the National Security Act (e.g., supporting quantity, rubber, etc.) is excluded from the crime of the above violation of the National Security Act, there is no record of punishment other than punishment or fine for the same crime; and (c) other various sentencing conditions such as Defendant’s age, sex,

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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