The appeal filed by the Defendant and the prosecutor against the judgment of the court of first instance and the prosecutor’s appeal against the second judgment are all dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Of the judgment of the first instance court, it is difficult to see that the documents or representations in the form of documents or digital files possessed, acquired, distributed, or held by the Defendant using the e-mail account are obviously in danger of substantial harm to the national existence and security or democratic fundamental order, and there was no dual purpose for the Defendant. ② This article posted on the e-mail and Internet camera does not constitute documents, paintings, or other representations as stipulated in Article 7(5) of the National Security Act. (2) The sentence of the first instance court (one year of imprisonment, two years of suspended execution, suspension of qualifications, one year of suspension of qualifications) against the judgment of the first instance court is too unreasonable.

B. According to the evidence submitted by the second instance court on the determination of facts as to the second instance judgment, the Defendant’s main body of the computer (ST320613/320GB), where 112 items of pro-enemy are stored in AC (hereinafter “instant computer”).

A) It can be sufficiently recognized that the above pro-enemy was distributed for a pro-enemy purpose at the time of the formation of a group. Nevertheless, the judgment of the court below that acquitted this part of the facts charged is erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment. 2) The sentence imposed by the court of first instance on the defendant by the judgment of the court of first instance on the judgment

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. As to the Defendant’s assertion, the first instance court also asserted the same as the grounds for appeal. In full view of the following circumstances, the first instance court’s existence and security of the State, i.e., the specific contents of each expressive material in the first instance judgment, the process of preparation, and the background leading up to holding the expressive material, the Defendant’s career, the activity, and the level of knowledge.