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(영문) 창원지방법원 2011.09.22 2011노365
국가보안법위반(찬양ㆍ고무등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged Nos. 1, 3, and 8 of the facts charged, the documents as indicated in the Nos. 1, 3, and 8 of the facts charged consisted of the contents that correspond to the North Korea’s common opinion and the North Korea’s propaganda conspiracy revealed in the North Korean labor newspaper, the anti-national democratic cable’s reviews, etc., such as the complete acceptance of the U.S. Armed Forces in Korea, the unity of the pro-enemy force, the removal of the National Security Act, the unity of the foreign organization, and the removal of the National Intelligence Service, etc., and thus, they constitute pro-enemy materials, the lower court acquitted each of the facts charged on the ground that each of the above documents does not constitute pro-enemy materials. In so doing, the lower

B. As to the facts charged Nos. 2 and 10 of the facts charged, the documents described in Articles 2 and 10 of the facts charged describe historical historical historical historical feed, but their substance is ① denial of responsibility for North Korea’s escape, ② description of the Republic of Korea’s dynamic regime as pro-Japanese regime, ③ acceptance of the justification logic of North Korea’s principal ideology and M regime, ④ elimination of the National Security Act and emphasizing the unity and friendship of the North Korean socialist system, all of which constitute pro-enemy organization, and thus, constitute a pro-enemy organization. However, the court below acquitted each of the above facts charged on the ground that each of the above documents constitutes pro-enemy organization. In so doing, the court below erred by misapprehending the facts or by misapprehending the legal principles on suitability, thereby affecting the conclusion of the judgment.

C. As to the facts charged under paragraph (9) of the facts charged, the “three charter for the unification of Korea”, which is the book under paragraph (9) of the facts charged, is obvious to constitute pro-enemy contents. The defendant is the defendant in 196

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