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(영문) 부산고등법원 2014.12.10 2014노439
국가보안법위반(회합ㆍ통신등)등
Text

The judgment below

The guilty portion and the "documents of meetings of the 8th Steering Committee of the Ebubling Union" are possessed.

Reasons

1. Summary of grounds for appeal;

A. Regarding Defendant 1’s meeting and communication, this part of the facts charged is premised on the premise that P is a member of the North Korean co-author, and there is no evidence that P is a member of the co-author in North Korea. As to this part of the facts charged, there is no evidence that P is a member of the co-author in North Korea. 2), the Defendant was present at each E co-chairperson meeting, the Y training meeting, the representative general meeting, the central council of council members, and the commemoration meeting, etc. (hereinafter “each event of this case”), but the Defendant was not aware of the fact that it would endanger the national existence and security or the free democratic fundamental order, and the participation in each event of this case does not constitute the act of praise, rubber, publicity, or concert of the anti-state force.

3) Regarding the production, distribution, and possession of pro-enemy contents, the production, distribution, and possession of each document that the court below found guilty by the defendant is consistent with the production, distribution, and possession of the pro-enemy contents. However, most expressive materials are irrelevant to the fact that the existence and security of the State or the free democratic fundamental order are endangered. Thus, the production, distribution, and possession of pro-enemy contents cannot be viewed as a pro-enemy contents. In relation to the pro-enemy contents, the crime under Article 7(5) of the National Security Act is established when the production, distribution, and possession of pro-enemy contents

B. Prosecutor 1 mistake of facts or misapprehension of legal principles, ① “BV”, ② “White History Research”, ③ “E North Korea’s Written Consent of the E North Korea Headquarters”, ④ the evaluation in 2011, and the anticipated and draft of the task in 2012”, ⑤ “documents of the 2012 Work Measures against the Ebubling Union”, ⑤ “documents of the meetings of the 2012 Ebubling and the 8th Session of the Ebubling Group 3 to 9”, ② “documents of the 14th 5th 14th 14th 2nd 2nd 9th 9th 2nd 9th 2nd 30502-25th 25th 200,” and ② “Yaman Mannnnn Fast,” respectively.

. Seabrison vessels;

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