Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than six months and suspension of qualifications for six months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. Considering the fact-misunderstanding, misunderstanding of legal principles, basic perceptions of the accused who has not tried in the trial against the Republic of Korea and North Korea, and the motive behind posting the same writing as the facts charged, the court below acquitted the accused of the violation of the National Security Act (hereinafter referred to as "not guilty portion") of the attached Table 1 in the facts charged in this case, as it is found that the accused of the crime in this case was not guilty on the following grounds: 1, 12, 13, 14, 16, 17, 19, 20 times a year, 3, 5, 6, 8, 13, 16, 18, and 18, 2, 3, 3, 5, 6, 13, 16, and 18, and 10, 12, 13, 14, 14, 16, 100
B. The punishment of the lower court (one year of imprisonment, one year of suspension of qualification, two years of suspended execution) is deemed to be too uneasy and unfair.
2. Ex officio determination (including determination of the prosecutor’s factual misunderstanding, misunderstanding of legal principles, and incomplete hearing argument)
A. The judgment of the court below, including the prosecutor's mistake, misunderstanding of the legal principles, and determination of the non-guilty part of the judgment of the court below, is based on the following facts: 1 to 8, 10, 12 through 14, 16, 17, 19, and 20 of the daily list of crimes in the indictment of this case; 2. 1 to 3, 5 through 8, 10 to 22, 24, 25, 27, 29, 30 of the daily list of crimes in the indictment of this case; 3. 1 to 3, 5 to 8, 10, 10 to 22, 24, 27, 29, 30 of the daily list of crimes in the indictment of this case (hereinafter referred to as "the charges of this part").
B. The summary of this part of the facts charged is as follows: (a) the Defendant prepared and posted, on the bulletin board “D”, the same article as 1 to 8, 10, 12 through 14, 16, 17, 19, and 20 copies of the annexed crime list 1 to 1, 10, 12 through 14, 16, 17, 19, and 20, thereby impairing the nation’s existence and security or democratic order; and (b) prepared and distributed, respectively, foreign expressive materials for the purpose of praise, encouraging, propaganda, or aiding and abetting the activities of North
2) The Defendant prepared and posted the same article as 1, 2, and 11 copies of the annexed crime list 2 times in the next car page “G” bulletin board, and then prepared and posted it.