All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Violation of the National Security Act (Formation, etc. of a foreign organization) (Article 2-1 of the Criminal Act as indicated in the judgment below) (Article 2-1 of the Criminal Act) does not constitute a dual organization under the National Security Act.

However, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine.

2) AM 결성식 참석, CE 등 집회 개최 및 팟 캐스트 방송 진행으로 인한 각 국가보안법위반( 찬양 고무 등) 의 점( 원심 판시 범죄사실 제 2의 나 항 내지 라 항) 피고인이 AM 결성식에 참석하거나 CE 등 집회를 개최하거나 팟 캐스트 방송을 진행한 행위는 단순한 참석이나 호응에 불과 하여 반국가 단체 등의 활동에 적극적으로 호응 가세하였다고

It is difficult to see it.

However, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine.

3) “D” in violation of the National Security Act (hereinafter “D”) due to the possession of G agency “D” (hereinafter “D”) does not constitute a pro rata expression, and even if it constitutes a pro rata expression, the Defendant did not have any pro rata purpose.

However, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine.

B. The sentence imposed by the Prosecutor (one year and six months of imprisonment, three years of suspended execution, three years of suspended qualification suspension, etc.) is too uneased and unreasonable.

2. Determination

A. The lower court’s determination on the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine 1) as to the violation of the National Security Act (the composition of a foreign organization, etc.) (the crime No. 2-A of the facts stated in the lower judgment), G’s formation process and the details of the declaration of K’s position and activities, G’s connection between K and its headquarters, website and advertising media operation, organization publication, thought study, and anti-government strike, and involvement in the O’s smuggling.