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(영문) 인천지방법원 2016.11.24 2016노43
국가보안법위반(찬양ㆍ고무등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant not guilty on the grounds that it is difficult to regard it as a pro-enemy pro-enemy pro-enemy, and found the content of Nos. 2, 4, and 7 of the [Attachment 2] Nos. 2, 4, and 7 of the [Attachment 2] List of Crimes (3] to be a pro-enemy pro-enemy pro-enemy, and the content of No. 10 of the [Attachment 10] No. 10 of the [Attachment 2, 4, and 7] were identical

(3) The expression constitutes a pro-enemy expressive material, as it appears in the new common history theory in 2007, that “the 615 unification era due to the acquisition of the Republic of Korea, the peace protection, and the unity of the Republic of Korea,” “the 2007 EM model,” “the 207 EM model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model model.”

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution, one year of suspension of qualifications, one year of forfeiture) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is as follows: (a) the Defendant, while aware of the fact that it may endanger the national existence and security or democratic fundamental order, possessed three cases per annum in the e-mail account (Z) in the name of the Defendant on October 17, 2012; and (b) around December 27, 2013, the Defendant possessed one case of pro-enemy organization 10 per annum at the Defendant’s residence located in Bupyeong-gu, Bupyeong-gu, Incheon, AB, and 2nd century.

(b).

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