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(영문) 청주지방법원 2015.12.09 2015노708
국가보안법위반(찬양ㆍ고무등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that North Korea is not an anti-government organization under Article 2 of the National Security Act.

In addition, the only act in the court, such as the instant crime, cannot be deemed as endangering the national existence and security or democratic fundamental order, and the defendant did not have such awareness.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The judgment of the court below also asserted the same purport as the above grounds for appeal, and the court below rejected the defendant's above assertion for the following reasons and convicted the defendant of the charges of this case.

Defendant asserted that his belief was faithfully expressed after the trial process and did not pose a threat to the liberal democratic fundamental order. As such, the Defendant expressed his intent of refusal regarding the proposal of violent Monocing act by force on the premise that the Defendant consented to the value of respect for diversity (No. 10 and No. 224 of the investigation record). In order to express his/her intent against the judgment, a prosecution rejecting his/her assertion of innocence or to express his/her intent against the judgment, it appears that the Defendant repeated the act of Mocing an anti-government organization, which was the subject of the judgment, immediately after the judgment was rendered. However, in court, the Defendant’s act of Mocing anti-government organization, which was spread through press reports, resulted in a risk that some of the people who are linked to the act of Mocing an anti-government organization may be used by anti-government organization (see, e.g., Supreme Court Decision 201Do3610, Oct. 25, 2012).

The first decision of the political party is that North Korea is an anti-government organization under the National Security Act. The purpose of this decision is to refer to the government or to defend the country.

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