A. Whether the possession of documents, etc., which are favorable to anti-government organizations, constitutes a crime under Article 7(5) of the National Security Act for pure academic research purpose (negative)

B. Whether the expression of books, etc. under Article 7 (5) of the National Security Act is produced for the purpose of benefiting from the beginning to the anti-state organization (negative)

A. The crime under Article 7 (5) of the National Security Act is established by producing, importing, copying, possessing, carrying, distributing, selling, or acquiring documents, books, or other expressive materials that may benefit an anti-government organization with the intent to commit the act of benefitting anti-government organizations, and is not established for the purpose of pure academic research.

B. In the crime of Article 7(5) of the National Security Act, the expression of books, etc. in the crime of Article 7(5) can satisfy the contents that may benefit an anti-government organization, and it does not require that the contents were produced for the first purpose.

Article 7 (5) of the National Security Act

Defendant

Defendant

Attorney Kim J-jin

High Military Court Decision 82 High Court Decision 221 delivered on September 24, 1982

The appeal is dismissed.

One hundred days of detention days after an appeal shall be included in the original sentence.

The grounds of appeal by the defendant and his defense counsel are examined.

The crime of Article 7 (5) of the National Security Act is established by producing, importing, copying, possessing, transporting, distributing, selling, or acquiring documents, books, or other representations that may benefit anti-government organizations in order to encourage or aid the activities of anti-government organizations or their members or those who received their orders, or in any other way to commit an act of benefitting anti-government organizations, and is an offense committed for the purpose of pure academic research, this crime is not established. However, according to the evidence of the court below, it is sufficient to recognize all the facts of the court below that the defendant possessed the book of this case to the so-called university, club, or high school, etc. for the purpose of academic research, and it is evident by the court decision that the defendant purchased the book of this case for the purpose of this case for the purpose of academic research, and it is not clear by the court decision that the facts of this crime are specified, and if the contents of the book of this crime are favorable to anti-government organizations, it is not necessary for the first purpose to do so, and it is not sufficient for the defendant to obtain the legal principles of anti-government.

Therefore, the appeal shall be dismissed, and 110 days of detention days after the appeal shall be included in the original sentence in accordance with Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.

Justices Kang Jong-young (Presiding Justice)