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(영문) 수원지방법원 2013.10.30 2012노4942
국가보안법위반(찬양ㆍ고무등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact that North Korea amended North Korea’s constitutional provisions concerning unification in the principle of independence, peaceful unification, and resolution of the national group on unification with the aim of realizing the unification of the nation, and that North Korea did not accept the theory of the unification of the nation any longer by changing its direction to voluntarily resolve the issue of unification on the basis of recognizing and respecting the differences in ideas and systems between South and North Korea under the above constitutional provisions, and North Korea is recognized as a legitimate sovereign state under international law, such as joining the United Nations with South Korea at the same time as the United Nations and establishing a bridge with each other, etc., even if North Korea is no anti-government organization, the lower court erred by misapprehending the legal doctrine.

B) The lower court infringed the Defendant’s right to pleadings by failing to examine the evidence against the witness BE, BF, and BG as requested by the Defendant. C) The Defendant’s act is merely a critical social movement against the government, and does not pose a risk to the extent that it may endanger the liberal democratic fundamental order.

2) Even if the instant facts charged against the Defendant are found guilty, the lower court’s punishment (one year of imprisonment, three years of suspended execution, and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. The fact that North Korea joined the United Nations under the name of the Democratic People's Republic of Korea as the part of North Korea's assertion as to whether an anti-government organization was an anti-government organization is an international political practice and a common position in international law that it cannot be viewed that there has been mutual recognition among other members of the United Nations international organization as a member.

In addition, North Korea is only a phenomenon such as the existing South-North Korean agreements, the South-North Korean summits, the South-North Korean Joint Declaration, and the economic cooperation.

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