A. The Defendant did not have any intention or purpose which may endanger the existence and security of the State or democratic fundamental order, and North Korea is not an anti-government organization under the National Security Act.

B. The sentence of the lower court (ten months of imprisonment, two years of suspended sentence, two years of probation, two years of suspended sentence, and ten months of suspended qualification) is too unreasonable in light of all the conditions of sentencing on the grounds of unfair sentencing.

2. Determination on the grounds for appeal

A. Determination of the assertion of mistake or misunderstanding of legal principles as to whether there was an awareness of the intent that the act may endanger the national existence and security or democratic fundamental order under Article 7 of the National Security Act shall be objectively determined by taking into account the status of the actor, motive of the act, contents of the act and matters related to the outside, circumstances before and after the act, etc. The recognition is sufficient if there is a doluent perception that the act may endanger the national existence and security or democratic basic order, or may endanger the existence and security of the nation or endanger the democratic basic order. It does not need to be intended or intended for the benefit of anti-government organizations.

(see, e.g., Supreme Court Decision 2010Do12162, Oct. 11, 2012). In addition, North Korea is a partner of dialogue and cooperation for the peaceful unification of South and North Korea, but on the other hand, North Korea still has the nature of anti-government organization that is bound to wear our liberal democratic system while maintaining the routes of hostile unification in spite of changes in the relationship between South and North Korea.

(see, e.g., Supreme Court Decision 2007Do10121, Dec. 9, 2010). The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the Defendant, as a D payment obligor, for the purpose of forming a G Party with the content sharing with the route of North Korea, as its guiding ideology.