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(영문) 창원지방법원 2016.09.30 2015노1668
국가보안법위반(찬양ㆍ고무등)등
Text

1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year and six months and suspension of qualifications for one year and six months; and

3...

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The assertion that North Korea’s anti-state organization and the National Security Act’s unconstitutionality is not an anti-state organization but an anti-state organization that is a partner of dialogue and cooperation for peaceful unification, and the National Security Act based on the premise that North Korea is an anti-state organization is contrary to the Constitution.

2) Fact-finding or misunderstanding of legal principles as to the possession of the pro ratas, ① the possession of pro ratas, as indicated in the judgment of the first and second courts (hereinafter “each of the instant representations”) does not constitute pro ratas, since each of the instant documents does not have a clear risk of causing substantial harm to the national security or democratic fundamental order. ② The Defendant merely posted the instant representations for the purpose of holding a sound forum on the Internet, and there is the objective of the Defendant’s act.

(3) Even if each of the instant representations constitutes a pro rata expression, the recipient of the instant expressive materials ought to exist in order to constitute the “distribution” of the said expressive materials under the National Security Act. As such, the Defendant merely posted each of the instant expressive materials on the Internet and delivered it to the specific party, the Defendant’s act as indicated in the facts charged does not constitute the distribution of pro rata expressive materials.

3) Inasmuch as the Defendant’s misunderstanding of the facts as to the Lee In-bok’s act was merely posted on the Internet each of the instant comments (hereinafter “each of the instant comments”) related to the Lee In-bok’s 1,2 won judgment in order to hold a sound forum for a debate, there is an objection to the extent that the Defendant’s act praises the activities of anti-state organizations.

shall not be deemed to exist.

4) In the misapprehension of the legal principle as to the insult, ① the Defendant’s writing related to the Sewol ferry contains part of the expressions debrising the victim.

Even if the defendant's writing is written, it is related to the background of the defendant's writing and the Sewol ferry accident.

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