The prosecutor's appeal is dismissed.

1. The lower court’s sentence (one year of imprisonment, two years of suspension of qualifications, two years of suspended execution, two years of suspended execution, confiscation) on the gist of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. The crime of this case is deemed to have been prepared to escape in North Korea as an anti-state organization with knowledge that the defendant, who is North Korea, prepares to escape in North Korea under the control of North Korea, despite the knowledge that it would endanger the existence, safety, and fundamental democratic order of the Republic of Korea, and the nature of the crime is very poor, and the defendant is about the location of the U.S. military unit and the NIS, the security division of the police station, and the duty of the police station, and the police investigation is conducted in the course of the police investigation as a result of wage payment.

In light of the fact that it is difficult to eliminate the possibility that the defendant's success in actual escape would cause great dynamics to the society of North Korean defectors inside the Republic of Korea, and that it would be abused for North Korea's propaganda into South Korea, which would cause a threat to the existence and safety of the Republic of Korea, etc., which are disadvantageous to the defendant.

However, the defendant's act of escape of this case is recognized as all of the crimes of this case, and it is very difficult to settle in the Republic of Korea again, and the defendant has settled in the Republic of Korea. The defendant's crime of escape of this case was committed in the first instance court for about three months, the defendant was detained for the crime of this case, there was no record of criminal punishment while living in the Republic of Korea after the escape of this case, the defendant's act of living in the Republic of Korea has increased economic difficulties due to lawsuits filed by North Korean Bracker, etc., and it seems that the defendant's failure to adapt to South Korea is the cause of the crime of this case, and other circumstances favorable to the defendant, such as the defendant's age, sex, family environment, motive and background of the crime, means and result of the crime.