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(영문) 서울중앙지방법원 2012.05.03 2012노620
국가보안법위반(찬양ㆍ고무등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, North Korea is not seeking the unconstitutional law, since it is not an anti-government organization, and the National Security Act is not an anti-government organization, and it infringes on the essential contents of freedom of ideas.

(2) The expressive materials posted by the Defendant, in particular, Nos. 39, 40, 41, 43, 60, 61, 64, 68, 80, and 230 Nos. 39, 40, 41, 43, 60, 61, 64, 78, 80, and 230, as indicated in the judgment of the court below, do not pose an obvious risk of substantial harm to the national

(3) Nevertheless, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the legal doctrine on anti-government organizations, risk requirements under Article 7(1) of the National Security Act, pro-enemy contents under Article 7(5) of the National Security Act, and pro-enemy contents

B. The sentence imposed by the lower court (two years of suspension of execution in one year and six months of imprisonment) is too unreasonable.

2. Determination:

A. As to the assertion of misapprehension of the legal principles, North Korea's status and the unconstitutionality of the National Security Act cannot harmonize with the basic principles of our Constitution at the present time, and even if they are hostile, their final objective is to build a foundation of ideas and a public-private partnership society through the Protocol of the Chonkdong that is also common sense and the Constitution, and for this purpose, the government has declared the policies that actively support the so-called South Korea's social democratization and anti-Korean anti-Korean war and did not show any signs of modification while carrying out policies accordingly.

Therefore, according to the development of inter-Korean relations, North Korea shows a clear change that North Korea will no longer pose a threat to our free democracy system, and accordingly, the national security is not maintained.

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