집회및시위에관한법률위반등
All appeals filed by the Defendants and the Prosecutor are dismissed.
1. The grounds of appeal are examined to the extent of supplement in case of supplemental appellate briefs not timely filed.
The Defendants (legal scenarios) cannot be seen as an anti-government organization under the National Security Act. 2) The expressive materials produced, acquired, distributed, or held by the Defendants cannot be deemed as a pro-enemy organization that may endanger the existence and security of the State or democratic fundamental order under the National Security Act, and it is difficult to view the Defendants as a pro-enemy organization. In particular, in the case of Defendant C, the expressive materials indicated in the attached list of crimes No. 1 in the judgment of the court below are nothing more than those acquired in the course of academic research of North Korea as a
B. The sentence of the lower court (one year of imprisonment, one year of suspension of qualifications, one year of suspended execution, two years of suspended execution) is excessively unreasonable in light of various circumstances against Defendant C (unfair punishment).
C. When taking into account the various circumstances against the Defendants, the sentence of the lower court (i.e., one year of imprisonment, (ii) year of suspension of qualifications, (iii) year of suspension of qualifications, (iv) year of suspension of qualifications, (v) year of imprisonment, (v) year and six months of suspension of qualifications, (v) year and six months of suspension of qualifications, and (v) year of suspension of execution) is deemed unreasonable.
2. Determination on the grounds for appeal
A. Although the Defendants alleged the same purport in the lower court’s assertion on the misapprehension of the legal doctrine, the lower court rejected the Defendants’ assertion on the grounds that the Defendants’ assertion on the misapprehension of the legal doctrine was based on detailed reasons [Article 83 subparag. 1 to 84 of the original judgment] under the title of “decision on the Defendant’s and his defense counsel’s assertion” (Article 75, subparag. 9, and 78, subparag. 10 of the original judgment). Determination on the assertion on the unconstitutionality of the anti-government organization in North Korea and the National Security Act (Articles 75, subparag. 9, and 78, subparag. 10 of the original judgment). Determination on whether the Defendants’ representations produced, acquired, distributed, and possessed (Articles 81, No. 4 through
On the other hand, North Korea is a member state.