국가보안법위반(찬양ㆍ고무등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year and suspension of qualifications for a year.
except that this judgment.
1. Summary of grounds for appeal;
A. Defendant (1) is not an anti-state organization, and ② the F (hereinafter “F”) is not an anti-state organization, and ③ the Defendant has possession of each expressive material as indicated in the judgment below for the purpose of collecting historical material, and thus, there is the objective of immigration action against the Defendant.
In addition, each representation in the original decision does not constitute a pro rata representation.
Nevertheless, the judgment of the court below convicting each of the facts charged in this case is erroneous in the misapprehension of legal principles as to the National Security Act, which affected the conclusion of judgment.
B. The sentence imposed by the prosecutor by the court below on the defendant (two years of suspended sentence for one year of imprisonment, suspension of qualifications for one year, and forfeiture) is too unfluent and unfair.
2. Judgment on the grounds for appeal by the defendant
A. The Supreme Court’s established view that North Korea is an anti-state organization of North Korea (1) but North Korea is a partner of dialogue and cooperation for the peaceful unification of South and North Korea; on the other hand, despite changes in the relationship between South and North Korea, North Korea still has the character as an anti-state organization that takes up our system of free democracy, and thus, the normative power of the National Security Act that regulates anti-state organizations, etc. is valid (see Supreme Court Decision 2010Do1189, Jul. 23, 2010; Supreme Court Decision 2010Do1189, Jul. 23, 2010). 2) The judgment of the court below that recognized North Korea as an anti-state organization of North Korea in accordance with the above legal doctrine is justifiable, and there is an error of mistake
Therefore, this part of the defendant's assertion is without merit.
B. F. F. F. The so-called “foreign organization” under Article 7(1) and Article 7(3) of the National Security Act is an anti-state organization or a member thereof, or a person who received such order (hereinafter “non-state organization”) with the knowledge of the fact that it may endanger the existence and security of the State or the fundamental democratic order.