All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The expressive materials of this case, citing facts and misapprehension of legal principles, are merely cited contents from Internet newspapers, and they do not constitute pro-enemy materials. Although the Defendant organized an organization, the Defendant did not have an intention to commit a pro-enemy act.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, and confiscation) is too unfeasible and unreasonable.

2. Determination

A. In order to recognize a pro-enemy organization as a pro-enemy organization under the National Security Act’s assertion of mistake or misunderstanding of legal principles, the content of the pro-enemy organization must be active and aggressive that threatens the nation’s existence and security, which is the legal interest protected by the National Security Act, and the free democratic basic order. Whether the organization has such objection to the organization should be determined not only by the overall contents of the expressive organization, but also by taking into account all the circumstances such as the motive for the organization

In addition, if there is no direct evidence to prove that an act was an object of a pro-enemy act, the determination can be made by comprehensively taking into account the indirect facts, such as the Defendant’s career and status, and the circumstances leading the Defendant to commit an act in connection with pro-enemy contents, in addition to the various circumstances

(see Supreme Court en banc Decision 2010Do1189, Jul. 23, 2010). Examining the evidence duly adopted and examined by the lower court based on the aforementioned legal doctrine, the lower court’s judgment is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles, and the above assertion by the Defendant is without merit.

B. The instant crime on the assertion of unfair sentencing is an unfavorable circumstance where the Defendant produced and possessed pro-enemy materials that may endanger the existence and security of the State or democratic fundamental order, and the nature of the crime is not somewhat weak.

However, our society is now our society.