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The prosecutor's appeal is dismissed.
Reasons
1. According to all the books of the facts charged in the facts charged (hereinafter “the books of this case”) are recognized as pro-enemy pro-enemy pro-enemy, which are determined by the judiciary, and according to the various circumstances known by evidence, even if the books of this case were aware that they were pro-enemy pro-enemy, and they were held and sold with the purpose of praiseing or aiding and abetting the activities of North Korea, which are anti-government organizations, even though they were aware that they were pro-enemy pro-enemy pro-enemy, the court below held that the books of this case were pro-enemy pro-enemy, and acquitted the Defendant on the grounds that they were not pro-enemy pro-enemy pro-enemy
2. Determination
A. The crime of Article 7(5) of the National Security Act is clear as a so-called crime, where documents, paintings, or other expressions are produced, imported, copied, possessed, transported, distributed, sold, or acquired for the purpose of committing the act of immigration under Article 1, 3, and 4.
The purpose of the crime in the objective crime is to be an excessive subjective illegal element for the establishment of crime, and it is required separately from the intention. Thus, even if an actor recognizes the existence of a expressive material and performs an act stipulated in paragraph 5, the elements of the crime are not satisfied unless the actor is recognized to do the act.
In addition, since the prosecutor bears the burden of proving the facts constituting the elements of a crime prosecuted in a criminal trial, the prosecutor must prove that the perpetrator had the intent to conduct a pro-enemy act, and the fact that the perpetrator knew that he/she was a pro-enemy pro-enemy act and committed an act stipulated in paragraph (5) cannot be presumed to have the intent
In such cases, when there is no direct evidence to prove that the act has the objective of the act, the defendant's career and status shall be added to the circumstances in which the expression is presented with respect to the nature of the act, and the defendant.