국가보안법위반(찬양ㆍ고무등)등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for eight months.
However, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendants 1) 1’s expressive materials produced by Defendant A, such as misconception of facts as to the production of pro-enemy materials, were prepared to discuss at the FUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU.U.U.U.U.U.U.U.U.U.U.U.U.U.U.U.U.U.
3) Defendant A’s assertion, such as misconception of facts as to Defendant A’s violation of the Assembly and Demonstration Act, is limited to a press conference, not an assembly, and even if it is a family assembly, the Defendant is not the organizer of the assembly. 4) The lower court’s punishment (each of 8 months of imprisonment and suspension of qualification for eight months) against the Defendants on the assertion of unfair sentencing by the Defendants.
B. The lower court’s sentence against the Defendants by the prosecutor is too uneasible.
2. Determination on the grounds for appeal
A. As to the Defendant A’s assertion of misunderstanding of facts regarding the production of pro-enemy pro-enemy materials, the summary of the facts charged is as follows: (a) around February 2009, Defendant A, at the office of the Busan Headquarters of “E”, a book summary of the book that “socialism is a science” (hereinafter “documents produced in this case”).
(2) The Defendant produced pro-enemy contents for the purpose of praiseing, encouraging, promoting, or aiding and abetting the activities of anti-government organizations or their members with the knowledge of the fact that it may endanger the nation’s existence and security or democratic fundamental order. (2) The crime of Article 7(5) of the National Security Act, which is determined under Article 1, 3, and 4 of the National Security Act, is a pro-enemy act.