All appeals are dismissed.

The grounds of appeal are examined.

1. The Defendants’ grounds for appeal should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence based on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that: (a) the Defendants conspired with other assistant employees of the above organization to act in concert with the above organization for the same act of assistance; (b) the Defendants were engaged in production and distribution of pro ratas as indicated in the facts charged in its judgment; and (c) the Defendants did not accept the Defendants’ assertion on the grounds of appeal as to the mistake of facts and the misapprehension of legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court as to the fact-finding, which actually led to the determination of the lower court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on dual organization, dual act, and dual act as alleged in the grounds of appeal, or by exceeding the bounds of the principle of free evaluation of evidence.

2. Regarding the prosecutor's grounds for appeal

A. The crime of constituting a dual organization under Article 7(3) of the National Security Act with respect to the parts of the dual organization is not the time when the foreign nature of the organization is expressed, but the crime is established when the organization is continuously formed with a leading system (see, e.g., Supreme Court Decision 97Do3395, Mar. 27, 1998). The crime of constituting or joining the dual organization is an immediate crime that is completed at the same time as the crime is established.