A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of the D's organization who manages and operates the Internet homepage (E) of the above organization.

A provider of information and communications services or a bulletin board manager or an operator of a bulletin board shall, upon receipt of notice from the Korea Communications Commission, reject or suspend handling of information, which is prohibited by the National Security Act, perform such order

On November 15, 2011, the Defendant was notified by the Korea Communications Commission of the issuance of an order to refuse to handle by November 23, 201, the following grounds: (a) on the ground that the comments posted in the name of “F” around September 23, 2009, as shown in the separate list of crimes, constitute “illegal information with the content of performing the act prohibited under the National Security Act” with respect to those comments posted in the name of “F” from around that time to April 15, 2011.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The police statement of H;

1. Official text as a result of the deliberation by the Korea Communications Standards Commission;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 73 Subparag. 5 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 11322, Feb. 17, 2012); Article 44-7 (3) and (1) 8 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; the choice of imprisonment for a crime;

1. Determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. unconstitutionality of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

A. Although Article 44-7(1)8 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) asserts that information prohibited by the National Security Act is unconstitutional because it violates the principle of clarity, the principle of separation of powers, and the principle of excessive prohibition, the above assertion