1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for two years and suspension of qualifications for two years; and

3. However, this judgment.

1. The summary of the grounds for appeal (two years of imprisonment and two years of suspension of qualifications) of the lower court is too unreasonable.

2. The crime of this case is a very serious crime that threatens the national security and the lives and freedom of the people by forging a passport, which is an official document, to leave North Korea again, and by communicating with North Korean consul, who is a member of an anti-government organization, detection and collection of personal information of North Korean defectors belonging to national secrets.

In particular, the defendant's counter-espionage act is an act that may cause serious harm to the life and body of North Korean defectors, and the defendant's act of detecting and collecting personal information of North Korean defectors even after the defendant voluntarily surrenders to a certain crime cannot be deemed to be somewhat liable.

However, there are special circumstances that the defendant should consider as the factors of positive sentencing as follows.

The defendant, while living with his family members in North Korea, visited a private village of residence in China while staying in North Korea and decided to enter the Republic of Korea by hearing the statement that he could receive a short-term amount of money from the Republic of Korea through Brazil.

However, the Defendant requested the NIS to return to China for a short period of time after entering the Republic of Korea and to change the fact that it is practically impossible to return to China for a short period of time. However, the Defendant sought the answer that the Defendant cannot accept the Defendant’s request due to the lack of an institutional device for re-entry from the authorities.

As the defendant completed the O education and went back to society, he considered the way to return to North Korea which his family lives. During that process, the defendant called the North Korean consular official with the help of North Korean consular official who is in the Chinese heart.