A. Defendant 1) Although there was no intention to commit an act under Article 7(1) of the National Security Act against the defendant, the court below found the defendant guilty of each of the facts charged in this case, which affected the conclusion of the judgment. 2) The sentence of unfair sentencing (two years of suspended sentence in August) sentenced by the court below against the defendant is too unreasonable.

B. The above sentence imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. We examine the Defendant’s assertion of mistake of facts. In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the Defendant’s publication of each of the instant notices on an individual NAV Blog and H “H” bulletin board, etc., where anyone can easily access to the Internet, and the contents of each of the instant notices are generally emphasizing and promoting the North Korea’s ability, or actively obsting the North Korea’s major ideology and military politics, etc., and instigating North Korea’s South Korea’s strategy, it is difficult to deem that each of the instant actions was pure academic research and defense. In light of the Defendant’s age, academic background, career, etc., it is reasonable to deem that the Defendant committed an act under Article 7(1) of the National Security Act at the time of each of the instant offenses. Therefore, the Defendant’s assertion is without merit.

B. The Defendant did not proceed to the direct and violent act that may endanger the national existence and security or democratic fundamental order beyond each of the instant crimes, and the Republic of Korea’s assertion of unfair sentencing.