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(영문) 대법원 2020.02.06 2019도16972
국가보안법위반(찬양ㆍ고무등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on “an anti-government organization” as prescribed in Article 7(1) of the National Security Act, or by omitting necessary

In addition, the adoption of the application for examination of evidence may not be examined when the court deems it unnecessary at the discretion of the court (see, e.g., Supreme Court Decision 2010Do7947, Jan. 27, 201). Thus, even if the court below rejected the Defendant’s application for examination of evidence, it did not err by failing to exhaust all necessary deliberations or by infringing the Defendant’s right to defense, as alleged in the grounds of appeal.

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

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