A. Whether the grounds for appeal stated in the grounds for appeal can be invoked as the grounds for appeal

B. Whether the establishment of a crime of violation of Article 7 (1) of the National Security Act requires the awareness of the purpose of benefitting anti-government organizations

(c) Criteria for determining whether an assembly or demonstration is an assembly or demonstration that is likely to seriously cause social inconvenience under Article 3 (1) 4 of the Assembly and Demonstration Act;

A. The grounds of appeal are related to the judgment of the appellate court, and the reasons should be cited in the records of trial and the facts expressed in the examination of evidence by the court of original judgment, and the reasons for appeal stated in the grounds of appeal cannot be invoked as they are.

B. The act of benefiting an anti-government organization under Article 7 (1) of the National Security Act refers to an objective act that may objectively benefit an anti-government organization, and there is dolusent perception that the act may benefit an anti-government organization, and there is no need for awareness or benefit that the act may benefit an anti-government organization, and there is no need for awareness that the act may benefit an anti-government organization.

C. If there is a concern about destroying public peace and order and causing social confusion, it constitutes an assembly or demonstration that is likely to cause considerable social anxiety as stipulated in Article 3(1)4 of the Assembly and Demonstration Act, and it shall be determined by comprehensively taking into account all circumstances such as the place, purpose, mode, contents, etc. of the assembly or demonstration.

(a) Article 379 of the Criminal Procedure Act; Article 7(1) of the National Security Act; Article 3(1)4 of the Assembly and Demonstration Act

A. Supreme Court Decision 83Do375 delivered on September 13, 1983, 82Do2949 delivered on February 22, 1983

Defendant

Defendant

Seoul Criminal Court Decision 86No2452 delivered on June 25, 1986

The appeal is dismissed.

The fifteen days of detention days after the appeal shall be included in the original sentence.

The grounds of appeal are examined.

1. The grounds of appeal are related to the judgment of the appellate court, and the reasons should be specified by citing facts expressed in the records of trial and the examination of evidence by the court of original judgment, and the reasons for appeal cannot be invoked as they are. Thus, the part of the appellate brief submitted by the defendant which invoked the reasons for appeal in the appellate brief shall not be determined.

2. All the evidence of the first instance judgment maintained by the judgment of the court below is sufficient to acknowledge the crime of violation of the National Security Act in the original adjudication, and there is no violation of the rules of evidence in the process of recognition.

3. The term “act of benefiting an anti-government organization” as provided in Article 7(1) of the National Security Act refers to an act which objectively serves as the benefit of an anti-government organization, and there is dolusent perception that the contents of the act can be objectively beneficial to an anti-government organization, and there is a perception that the act may be perceived or beneficial to the person having a normal mental and considerable intelligence sense that the act is in favor of, or beneficial to, an anti-government organization, and there is not a need for an intention to benefit an anti-government organization (see Supreme Court Decision 82Do3248, Mar. 8, 19

At the time of the defendant's original adjudication, it is clear that the so-called "instigates North Korea's propaganda to join North Korea's anti-government organization" and it was sufficiently aware that the defendant's act constitutes an anti-government organization in light of the defendant's knowledge degree. Therefore, the court below's decision was just and there was no violation of Article 7 (1) of the National Security Act as to the defendant's violation of the so-called "Article 7 (1) of the National Security Act."

4. The Assembly and Demonstration Act has the fundamental spirit not only to protect peaceful assemblies and demonstrations in a democratic society, but also to maintain public peace and order. If there is a concern for destroying public safety and order and causing social confusion, it constitutes an assembly or demonstration which is likely to cause considerable social anxiety, and it shall be determined in full view of all the circumstances such as the place, purpose, mode and content of the assembly or demonstration.

The court below's decision was just in determining each of the facts in accordance with the above law's legal principles and judgment criteria, and did not err in the misapprehension of legal principles as pointed out above.

5. Therefore, the appeal is dismissed, and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Yoon-tae (Presiding Justice)

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