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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date of the final judgment.
Reasons
1. The summary of the grounds for appeal was enacted with an unsound intention, passed by the so-called "National Security Act", and it does not meet the demand of the times, and thus, the court below found the defendant guilty of the facts charged in this case. In so doing, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment, and the judgment of the court below is too unreasonable (4 years of suspended execution in two years and six months of imprisonment, and two years and six months of suspended qualification).
2. Determination:
A. As to the assertion on the validity of the National Security Act, inasmuch as North Korea shows a clear change that it does not pose a threat to our free democracy system, and as long as the Act does not exist, it cannot be deemed that the National Security Act aimed at securing the security of the State and the survival and freedom of citizens by regulating anti-state activities that may endanger the national security, violates the Constitution or has lost its normative power (see, e.g., Supreme Court en banc Decision 2003Do758, Apr. 17, 2008). Accordingly, the Defendant’s assertion on this issue is without merit.
B. According to the reasoning of the court below, as to the assertion on the application of the National Security Act, the defendant's participation in the so-called pro rata organization, as provided by Article 7 (1) and (3) of the National Security Act, or in relevant assemblies such as the formation of a pro rata organization, encouraging, promote, or promote the activities of anti-government organizations, or actively express his/her intent to join and join the activities of anti-government organizations to the extent of being assessed, and as such, there is a clear risk of substantial harm to the national existence and security or democratic fundamental order. Accordingly, the court below's decision on the following grounds is sufficiently recognized.
Dol, pro-enemy.