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(영문) 대법원 2019.07.10 2018도2232
국가보안법위반(이적단체의구성등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of the instant facts charged (excluding the portion of acquittal and acquittal) 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 in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding “an anti-government organization,” “state organization,” “personally designated”, “secondly designated,” and “personally used expressions” under the National Security Act.

In addition, the argument that there is an error of law in the misapprehension of the legal principles as to "transport of obscene materials" in the judgment of the court below is only alleged in the ground of appeal that the defendant did not consider it as a ground of appeal or as a subject of judgment by the court below ex officio, and it is not a legitimate ground of appeal as

Furthermore, even if examining, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal.

2. As to the prosecutor’s grounds of appeal, the lower court acquitted the Defendant on the grounds that there was no proof of crime regarding the violation of the National Security Act by distributing, carrying, and transporting documents regarding “as to the intent of social transformation of the public defense of November” among the facts charged in the instant case, on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on pro-enemy materials.

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

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