가. 피고인 1) 사실 오인 피고인은 북한에 있는 어머니를 뵙고 싶은 마음에 북한에 가는 것을 잠시 고민하였을 뿐, 대한민국의 존립ㆍ안전이나 자유 민주적 기본질서를 위태롭게 한다는 목적을 가지고 있지 않았다.

The defendant purchased airline tickets for Chinese travel, and there was no intention to escape from North Korea.

2) The sentence of the lower court’s unfair sentencing (two years of suspended sentence of one year, suspension of qualifications for one year) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too uneasible and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mistake of fact, and duly admitted and investigated evidence at the lower court and the lower court, the Defendant, despite being aware of the fact that it would endanger the existence and security of the State or democratic fundamental order, can be acknowledged that the Defendant, even though having knowledge of the fact that the Defendant would endanger the existence and security of the State or democratic fundamental order, purchased a Chinese-ro airline ticket

Therefore, this part of the defendant's argument is without merit.

① After the escape, the Defendant has frequently contacted with the mother in North Korea through a single name “X” and remitted money.

On March 11, 2016, the Defendant: (a) purchased a Chinese-ro airline ticket starting from March 16, 2016 on the phone of her mother to North Korea; and (b) revoked the purchase of the above airline ticket on March 12, 2016 on March 12, 2016.

On March 16, 2016, the Defendant: (a) purchased, immediately after the mother’s currency, an aviation ticket of the Chinese future starting from March 17, 2016; (b) on March 17, 2016; and (c) the Defendant, at the prosecution, purchased the instant aviation ticket from March 15, 2016.

One horse was purchased, and in China it was a plan to contact with her mother through X.

“The Defendant made a statement to the effect that “ .....” (2) The Defendant made a statement to the effect that he was male-child AA around March 16, 2016, respectively. < Amended by Act No. 1315, Mar. 16, 2016>