All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The instant expressive materials, which were possessed and distributed by the Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles, or misunderstanding of legal principles, do not constitute a pro rata expressive materials under the National Security Act.

The Defendant, as an interest reporter, was in possession of the instant expressive materials for the preparation of an article, and did not possess them for a dual purpose.

⑵ 양형 부당 원심의 형( 판시 제 4의 나⑴㈐ 죄, 나⑵ 죄 중 별지 범죄 일람표⑹ 연번 1~3, 8~10 기 재 각 죄에 대하여 징역 2월, 판시 나머지 죄 징역 1년 및 자격정지 1년, 증제 9, 10, 13, 18 내지 22, 24, 26, 27호 증 각 몰수) 은 너무 무거워 부당하다.

B. The prosecutor (unfair sentencing)’s sentence of the lower court is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of the legal doctrine

A. (1) As to the assertion that the expressive material is not a pro rata expression under the National Security Act, the content of the expressive material must be active and aggressive to threaten the nation’s existence and security and fundamental democratic order, which is a legal interest in the protection of the National Security Act. Whether the expressive material has such an objection should be determined by taking into account not only the overall contents of the expressive material, but also all the circumstances such as the motive for the production, the form and outside of the expressive act, and the situation at the time of the expressive act (see Supreme Court Decision 2010Do1189, Jul. 23, 2010). (2) On the instant case based on the foregoing legal doctrine, the health stand, and the evidence duly adopted and investigated by the court below, namely, the Defendant had been punished by possessing and distributing the North Korean origin, which is a pro rata expressive material of the North Korean organization or Q, which is an anti-state organization, or of the North Korea’s attention and fundamental order. The overall purport of the expressive material of this case and the aforementioned expressive material.