국가보안법위반(찬양ㆍ고무등)
All appeals by the prosecutor and the defendant are dismissed.
The request for adjudication on the constitutionality of the instant case is dismissed.
1. Grounds for appeal;
A. The Prosecutor’s sentencing (one year of imprisonment, three years of suspended execution, and one hundred and twenty hours of community service) is too unhutiled and unreasonable.
B. Defendant 1 is an internationally recognized letter “M” in relation to the possession of pro-enemy materials, and “M” is not a pro-enemy organization, which introduces the unification of the members and their members participating in the anti-Japanese armed attack. 2) The Korean files sent to O in the e-mail with respect to the distribution of pro-enemy materials are not pro-enemy materials, but rather a pro-enemy organization. The Korean files sent to O in the e-mail are the contents of pro-enemy materials, and there was no intention to spread to the general public, and there was no intention to spread to the general public. b) NAV Ba Pa (hereinafter referred to as “I”), and the distribution was made (the origin of the documents of the NAF list (1) in the original judgment). However, although the Defendant expressed that the source of the documents of the NAF was labor, the documents posted in the XF are published in various international issues, and are not a space for various international issues in the world and there was no intention to spread to the general public.
C) The following carpet “I” published, distributed, or inserted in “Y” (a list of crimes listed in [Attachment 2] of the head of the Z unification research institute and the articles posted in X-I on a regular basis in “Y,” and its content is an article analysis of the Z unification research institute’s letter and most of the Korean Peninsulas. Thus, it does not constitute a pro-enemy pro-enemy organization since it cannot be deemed that there is an obvious risk that may substantially harm the nation’s existence and security or democratic fundamental order, and the distribution is carried out in “J” and is not a pro-enemy organization, since it is an article analysis of the Z unification research institute’s letter and most of the Korean Peninsulas.
3) The occupation of obscenity of anti-government organizations, etc. (the list of crimes (4) in the original judgment) is a nation that has joined the United Nations at the same time with South Korea, and is a member of the international community.