The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not have escaped from a member of an anti-state organization under the order of the member of the anti-state organization, or escape to receive an order.

B) The Defendant did not discover, collect, and act as a counter-state organization’s secrets to achieve its intended purpose under the order of the member of the anti-state organization.

C) The Defendant merely transferred the objective facts that should be affirmed from a peaceful unification policy of North Korea and a national standpoint, and did not praise or assist in the activities of both E and North Korea.

D) Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misapprehending the facts.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The summary of the facts charged of this case is as shown in the annexed sheet.

B. Determination on the Defendant’s assertion of mistake of fact 1) Admissibility of evidence, such as illegally collected evidence, is admissible. Article 199(1) of the former Criminal Procedure Act (amended by Act No. 5054, Dec. 29, 1995) provides that “In relation to an investigation, necessary investigation may be conducted to achieve its purpose.”

However, the principle of voluntary investigation is stipulated by stipulating that compulsory measures shall not be taken, except as otherwise provided in the law, and therefore, the Constitution and the Criminal Procedure Act provide that the investigative agency shall accompany a suspect to the investigative agency, etc. in the form of the consent of the parties during the investigation process, even if the freedom of body of the other party is practically restricted and is placed in a situation similar to the arrest actually, and there is no other way to restrain the accompanying of the other party without a warrant, and thus, it shall not be systematically guaranteed as well as systematically, and it shall be given to the other party under arrest and detention on the ground that it is still before the regular arrest and detention stage.