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The judgment below
Among them, the guilty portion and the acquitted portion on November 25, 2007 regarding the violation of the National Security Act.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles regarding the rule of exclusion of illegally collected evidence (A) an Internet posting agency printed out on the website of (1) P (P) (hereinafter “P”) without obtaining the explicit consent of C website manager, etc. does not constitute a voluntary investigation, and thus, printing out a notice on the website of C cannot be deemed as evidence of guilt on the ground that the identity with the original is not proved or secured.
(2) Even though there is no urgency in the preservation of a photograph taken by an investigative agency without a warrant, a photograph taken without the consent of the defendant is inadmissible as evidence collected in violation of the warrant requirement, and the identity with the original cannot be proved. Therefore, it cannot be considered as evidence of guilt against the defendant.
B) The claim C related to the dual nature is without any awareness that may endanger the existence and security of the State or democratic fundamental order, and it is not a dual organization because of such activities that may cause danger to the existence and security of the Republic of Korea and the free democratic basic order. Nevertheless, the court below held the Defendant guilty of the violation of the National Security Act (e.g., praise, etc.) caused by the dual nature and the violation of the National Security Act (e., praise, etc.) caused by the possession of pro-enemy pro-enemy contents. C) The Defendant did not recognize that each of the criminal acts in the judgment of the court below in the judgment of the court below is in danger of the national security or democratic fundamental order, and did not have a dual purpose.
B. Prosecutor 1) Violation of the National Security Act (Formation, etc. of an anti-government organization) is erroneous and misapprehension of legal principle. The court below held that in relation to this part of the facts charged, various North Korean sentences and inter-Korean reports submitted by the prosecutor as evidence were not admitted to be genuine by the maker.