The appeal is dismissed.

The grounds of appeal are examined.

An act of mutual assistance, which is stipulated in Article 7 (1) of the National Security Act, refers to an act of mutual assistance as referred to in the so-called "an act of concert with an anti-government organization, etc." means an act of asserting the same contents as the propaganda inciting or activities of an anti-government organization, etc., or an act consistent with such an act

In addition, the interpretation principle that the National Security Act should be applied restricted to cases where there is an obvious risk of substantial harm to the security of the nation or democratic fundamental order, is also applied to the crime of acting in concert with activities of anti-government organizations.

Therefore, the act of assistance prohibited under Article 7 (1) of the National Security Act should reach the extent that he actively expresses his intent to respond to the activities of anti-government organizations to the extent that it can be evaluated as being "provening, encouraging, and promoting the activities of anti-government organizations" under the same Article. In a case where it is difficult to deem that there is an obvious danger that the activities of anti-government organizations, etc. are engaged in merely in an assembly which includes the purpose of praiseing and promoting the activities of anti-government organizations, and then in a case where it is difficult to deem that there is an obvious danger that there is a substantial harm to the national security or free democratic basic order, it shall not be concluded that the act of assistance was committed (see, e.g., Supreme Court en banc Decision 2003Do758, Apr. 17, 2008). Of the facts charged in the instant case, the lower court acquitted the Defendant on the grounds that it is difficult to view that the Defendant merely participated in the activities of anti-government organizations or members thereof, or those who received the order.

The reasoning of the judgment below is based on the above legal principles and records.