A. As to Defendant 1’s violation of the National Security Act by mistake of facts, the Defendant uses the e-mail account called “I” (hereinafter “I”).

(2) The judgment of the court below that found the defendant guilty on the grounds that the court below erred by misunderstanding the fact that the defendant was not aware of the fact that he was North Korean official author, and that the judgment of the court below affected the conclusion of the judgment. (2) The sentence of unfair sentencing (one year of imprisonment, two years of suspended execution and six months of imprisonment)

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. The Defendant’s assertion of mistake of facts is established when the crime of meeting, communication, etc. as provided by Article 8(1) of the National Security Act is committed by means of meeting, communication, or other means with the members of an anti-government organization or persons under its order, knowing that it may endanger the existence and security of the State or democratic fundamental order, and the act of meeting, etc. is obviously dangerous to the national existence and security or democratic fundamental order (see, e.g., Supreme Court en banc Decision 2003Do758, Apr. 17, 2008). Whether an actor was aware of such a fact should be objectively determined by taking into account the details of meeting, communication, etc., communications, contents of communication, and the situation before and after it, if there is sufficient awareness that the act may endanger or endanger the national existence and security or democratic basic order, and it does not require any intention or intent to do so for the benefit of an anti-government organization.

Even if anti-government organizations are abused as internal disturbances, it can also endanger the existence and security of Korea and the free democracy system.