(영문) 서울중앙지방법원 2014.2.20. 선고 2012고합456 판결

The defendant shall be punished by a fine of KRW 1,00,00 for the crimes of KRW 2 in the holding, one year and six months, and one year of qualification suspension, respectively, against the crimes of KRW 1,00,00.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

except that the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Of the facts charged in the instant case, each of the charges of violating the National Security Act is acquitted.

Reasons

Criminal History Office

【Maternal Facts】

On February 19, 2008, the Defendant was sentenced to a suspended sentence of 4 years and 6 months, suspension of qualifications for 2 years and 2 years, and sentenced to a suspended sentence of 2 years and 2 years of suspension of qualifications at the Gwangju District Court on February 19, 2008.

In 205, the Defendant started to engage in the 13th session of F (hereinafter referred to as “F”) as the 13th session of F (hereinafter referred to as “F”), a natural science university student president of E University in 2006 and the 14th session of EM in 2007, the 16th session president of E University in 2008, the 16th session chairman of EM in 2008, the 17th FF policy chairman of EM in 2009, and the 18th session chairman of FF policy chairman of FF in 2010.

【State Organization of North Korea’s Republic of Korea】

The North Korean government is an anti-government organization organized for the purpose of joining the government and disturbing the nation, and based on the Madm-Licistist ideology of the North Korean Revolution, and Kim Il-U.S. Kim Il-U.S., the history of human history is the history of exploitation and suppression of the control class owned by production means, and the group of the Korean Peninsula should be understood as a product in accordance with the efficiencies policy of the United States. North Korean government is an independent and democratic regime that has the efficiencies of the Korean Peninsula and building a society with which the people are responsible for such efficiencies and the efficiencies of the North Korean Peninsula. On the other hand, the South Korean government should constantly establish and maintain the efficiencies and anti-capitalism of the North Korean government, which is an anti-government organization of the North Korean government, and thus requires all kinds of anti-government and anti-government organizations to be efficiencies of the North Korean Peninsula and to execute the North Korean government policy.

[Specific Crime]

1. Violation of the National Security Act in accordance with the joining of the 'H' (the composition, etc. of an immigration organization);

A. H’s dual organization H (hereinafter “H”) is an organization formed on November 23, 2002 by 14 organizations, such as the I South Korean counterpart headquarters (hereinafter “I South Korean counterpart headquarters”), F, etc., with a system of command and command, such as a Standing Representative, Representative’s Council, Steering Committee, and Executive Committee, and continuously amended and engaged in activities four times until March 2010.

H is '6/15 Joint Declaration' and ‘the unification movement' as a clear order. However, based on the NLDR theory, North Korea's public awareness of ‘NLDism, anti-capital-class society', and ‘the socialistism country by military politics', North Korea is recognized as ‘the military line of North Korea' and ‘the era before the conclusion of the attacked routes of the U.S. colonialism', and our nation' as the meritoriousism of our nation, South Korea is moving into a political, military, and cultural aspect to North Korea, and is pursuing the revolution of South Korea by establishing an independent unification government by strengthening the capabilities of anti-united government with the U.S. and by realizing the federal system.

As a result, H has developed a strike of anti-U.S. and anti-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-U.S.-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-state-Si

○ In particular, upon the occurrence of a storm disaster in the National Assembly around March 2010, there were arguments of North Korea, such as the conspiracy of the anti-united force irrelevant to North Korea, the United States 'U.S. federalism', etc., leading to the anti-united government of the Republic of Korea. On November 201, 2010, North Korea actively cooperates with the arguments of North Korea, such as the assertion that two military personnel and two civilians were dead, due to the military training in the Republic of Korea and the current government of the Republic of Korea, when two civilians were killed, the occurrence of the North Korean armed forces of the Republic of Korea, and the North Korean military training and the current government of the Republic of Korea, rather than criticism North Korea.

In addition, H has determined the route of the organization by accepting the relief claimed by North Korea through the new, common, private theory, etc., and has determined the direction of the organization. In addition, H is closely connected with North Korea through inter-Korean contact with the North Korean headquarters, such as the "Specialized Egrhesion axis of integrity" received from the North Korean headquarters, and the inter-Korean exchange and cooperation, and has developed anti-U.S. and U.S. dollars and U.S. forces such as the anti-Korean War, North America's call for the conclusion of the Treaty, N's holding, and 'N' organization, and is closely connected with NAF (MaF), BC, etc., which is a dual organization, in order to avoid dual activities as a force of violating the National Security Act, and maintains the confidentiality of organization activities, such as the use of cell phones in the name of another person and the mobile phone in the name of another person, and strengthens the organization's appearance, organization, etc. through the open and open terms of North Korea from 200 p.m.

It is a youth student practice organization that actively implements the anti-U.S. and U.S./U.S.-U.S.-U.S.-U.S.-U.-U.S.-U.-U.S.-U.-U.-U.S.-U.-U.-U.S.-U.-U.-U.S.-U.-U.-U.S.-U.-U.-U.-U.S.-U.-U.-U.-U.-U.-U.S.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.S.-U.-U.-U.-U.-U.-U.-U.S. movement.

As such, H is an anti-government organization with a view to praiseing, encouraging, promoting, or aiding and abetting activities of North Korea as an anti-government organization and its members or those who received their order, knowing that such act may endanger the existence and security of the State or democratic fundamental order.

B. Defendant’s accession to “H”

On February 11, 2007, the Defendant was elected as the Speaker of F on February 15, 2007, and had F act as the H’s representative who was enrolled in F at the time.

F is a so-called NL sports movement group comprised of the students of the so-called NL Movement Rights established by holding the first session of the National Security Act from May 27, 1993 to December 29, 1993. The F is also a dual organization that asserts the receipt of the United States Armed Forces, the abolition of the National Security Act, and the conclusion of the North America-U.S. Peace Agreement. The F, established in 2007, faithfully follows the basic route of the past F's lectures, regulations, etc. The H, 14 organizations, such as the Republic of Korea's Republic of Korea and the F, are gathered on November 23, 2002, and 14 organizations, such as the IF's Republic of Korea, as the dual organization, such as the IF's Republic of Korea, the withdrawal of the anti-U.S. unification force, the National Security Act, the joint declaration of June 15, 200, and continuously equipped with a command system, such as the Standing Representative Council, the steering committee, the executive committee, etc.

On April 1, 2007, the Defendant appeared at the first meeting of the H 5th representatives held at Hanyang University, as a member organization, and the F was elected as a H representative organization on the same day.

As a result, the Defendant joined H with the purpose of praiseing, encouraging, promoting, or aiding the activities of anti-government organizations or their members or those who received their order with the knowledge of fact that it may endanger the existence and security of the State or democratic fundamental order.

2. Obstruction of general traffic;

No person shall destroy, damage, or fire a road, a waterway, or a bridge, or obstruct traffic by other means.

(a) Interference with general traffic on June 2, 201;

From June 2, 205 to June 2, 2011, the defendant, from around 22:05 to around 23:05 on June 2, 201, 300 the participants in the assembly of the Korean Federation of Students in the 21st century, occupied all lanes in the direction of 1 aero 1 in front of the Seoul Jongno-gu Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Ma

Accordingly, the defendant interfered with the general traffic in common with the above participants in the assembly.

(b) interference with general traffic on November 22, 201;

On November 22, 201, from around 20:30 to 22:00 on November 22, 2011, the Defendant: (a) 2, Jung-gu, Seoul occupied the way from around 20:30 to around 22:00 of the 21st century the 'Clelelelight Modlelight Modle Modle Modle Modle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle 2, who belongs to the 21st century.

Accordingly, the defendant interfered with the general traffic in common with the above participants in the assembly.

Summary of Evidence

[Fact 1]

1. Partial statement of the defendant;

1. Legal statement of witness V (the tenth trial date);

1. [수사기록 별책 증거목록 순번 387번 내지 1,473번] 수사보고(H 2002.11.23. 결성 당시 발기인 명단 확인), 수사보고( TH, 결성 경위 및 독자적 단체로 결성된 사실 확인), 수사보고(02.11.23. ~03.3.22.간 H 활동사항 및 임원진 확인), 수사보고(H가 결성 당시 조직규범으로 '회칙'을 제정하고, 조직체계를 정비한 사실 확인), 수사보고(H가 조직 상·하부간 지휘 통솔체계를 갖춘 단체라는 사실 확인), 수사보고(「W」가 H에 가입단체로서 H의 활동노선을 추종, 각종 사업을 논의 · 결정한 사실 확인), 수사보고(X」가 「H가입단체로서 「H 활동노선을 추종, 각종 사업을 논의 결정한 사실 확인), 수사보고(H가입단체인 「Y」가 H에 활동사항 보고 등 상호 긴밀연계 활동사실 확인), 수사보고(「H」 구성원 등 단체규모 확인), 수사보고(「H 회칙 내용 및 개정 연혁), 수사보고(H가 2010.3.27. 회칙개정 이후 최근까지 독자적 단체로 지속 활동중인 사실 확인), 수사보고(H 연도별 가입단체 및 참관단체 현황 확인), 수사보고 (H 1기~6기 임원단 신원 확인), 수사보고(H 2009년 7기 임원단 신원 확인), 수사보고(H 2010년 8기 임원단 신원 확인), 수사보고(「H」가 매년 대표자회의 개최, 투쟁노선 수립 및 회칙 개정 등 조직 운영활동 계속성을 띠고 있는 사실 확인), 수사보고 (H 2003.1월 대표자회의 개최사실 확인), 수사보고(H』 1기 1·2·3차 대표자회의 개최 사실 확인), 수사보고(「H」 2기 1·2·3차 대표자회의 개최 사실 확인), 수사보고(「H 3기 1·2·3차 대표자회의 개최 사실 확인), 수사보고(H. 4기 1차 대표자회의 개최 사실 확인), 수사보고(H 5기 1·2·3차 대표자회의 개최 사실 확인), 수사보고(TH 6기 1·2차 대표자회의 개최사실 확인), 수사보고(「H」 7기 1.2• 3차 대표자회의 개최사실 확인), 수사보고(『H 8기 1차 대표자회의 개최사실 확인), 수사보고(「H」 운영위원회의 성격과 역할), 수사보고( H, 2002.12.~2003.3.간 1-8차 운영위원회 회의 개최사실 확인), 수사보고( 「H 2003.4.~2004.3.간 1기 1-11차 운영위원회 등 회의 개최 사실 확인), 수사보고( TH」 2기 1-10차 운영위원회 회의 개최사실 확인), 수사보고( 「H」 3기 1-7차 운영위원회 회의 개최사실 확인), 수사보고( 「H 4기 4·5·6차 운영위원회 회의 개최사실 확인), 수사보고( 「H 6기 1 + 2차 운영위원회 회의 개최사실 확인), 수사보고(「H」 7기 1차~3차 운영위원회 회의 개최사실 확인), 수사보고(「H 청년위 1기 1~4차 대표자회의 개최 사실 확인), 수사보고(『H 청년위 2기 1~3차 대표자회의 개최 사실 확인), 수사보고(「H, 청년위 3기 1·2차 대표자회의 개최 사실 확인), 수사보고(H 청년위 4기 1·2차 대표자회의 개최 사실 확인), 수사보고(북한의 대남혁명론 '민족해방인민(민중)민주주의혁 명론'(NLPDR) 및 '민족해방민주주의혁명론' (NLDR) 내용 확인), 수사보고('주체의 한국사회변혁운동론' 내용 확인), 수사보고(TH, 조직 활동 이론으로 '주체의 한국사회변혁운동론'을 추종하고 있는 사실 확인), 수사보고(H가 북한의 '주체의 한국사회변혁운동론' 전략·전술에 입각, 대표자회의에서 사업을 논의 · 결정한 사실 확인), 수사보고(TH」의 시대상황 및 북한에 대한 인식 확인), 수사보고(H, 대한민국을 미국의 식민지로 인식 사실 확인), 수사보고(「H」가 '회칙' · '결성선언문' 호소문 등 단체의 존립근거가 되는 문건에서 북한의 주장을 적극 추종하는 이적성 확인), 수사보고(H가 북한이 주장하는 '2012년 강성대국 건설'을 옹호하고 그에 호응하여 남한의 '2012년 자주적 민주정부 수립' 등 남한내 투쟁을 선동한 사실 확인), 수사보고(「H, '자주통일의 결정적 국면을 예비하는 현 시기 미군철수 투쟁의 중요성과 청년학생들의 과제'에서, 대한민국을 미국의 식민지로 규정한 사실 확인), 수사보고('청년운동 강화와 전진을 위한 제언' 제하 문건 내용 확인), 수사보고(청년운동 소책자 'MA' 제하 문건 내용 확인), 수사보고(「H, '2008 반미반전 미군철수 운동을 전망한다' 제하문건에서, 남한사회를 미국의 식민지 예속국가로 규정하고 소위 자주(사용 유의어)적 민주정부 수립을 목표로 투쟁할 것을 주장한 사실 확인), 수사보고(북한이 주장하는 연방제 통일방안 내용 확인), 수사보고(「H』가 '자유민주적 통일' 등 헌법정신을 부정하고 있는 사실 확인), 수사보고(북한 정치방식 '선군정치'의 의미 확인), 수사보고(H가 단체 구성 직후부터 北 선군정치 선전 활동을 지속 계획·실행해 온 사실 확인), 수사보고(2006.12.8. 「H 주최 'J' 행사 내용 및 I 북측본부 '특별기고문' 내용 등 확인), 수사보고(2007.4.19. 「H 주최 '2차 J' 행사 내용), 수사보고(2007.9.9. TH, 주최 '2007 K' 행사 내용), 수사보고(2008.10.26. TH 주최 '2008 K' 행사 내용), 수사보고(2009.9.12. 「H」 주최 '2009 K' 행사 개최사실 확인), 수사보고(H 산하 조직 「P』 주관 '2010 제 4회 K' 개최 사실 확인), 수사보고('K' 논문 제출자들이 이적표현물 제작·반포·소지 혐의로 기소된 사실 확인), 수사보고(H의 북한체제• 선군정치 미화 및 북한식 사회주의 추종사실 확인), 수사보고(「H 1~5기 상임대표 Z이 2007.10.20. '10.4선언과 AA 위원장의 통일구상' 제하 강연 사실 및 내용 확인), 수사보고(「H」 집행위원회가 홈페이지 글쓰기 권한 인증 등 홈페이지 게시판을 지속 관리해 온 사실 확인), 수사보고( H 홈페이지 '자유게시판'에 이적성 문건이다수 게재되어 있는 사실 확인), 수사보고(「H」의 북한 인권문제에 관한 입장 확인), 수사보고(TH」 및 이적단체, 북한의 1, 2차 핵 실험이후 北 동조 사실 확인), 수사보고(「H」 및 이적단체, 북한이 2009.4.5. 실시한 미사일 발사실험 이후 北 동조 사실 확인), 수사보고(「H가 '천안함 폭침사건'에 대해 '미군연루설' 제기 등 북한의 주장에 동조한 사실 확인), 수사보고(北 천안함 피폭사건 이후, H 등 이적단체의 北 동조 사실 확인), 수사보고(TH, '北, 연평도 민간인 대상 포격도발' 관련 북한 주장 동조사실 확인), 수사보고(「H가 2011.1.2. '연평도 포격전과 한반도 정세 관련 교양자료 모음집'을 통해 北 연평도 포격사건이 우리 정부와 미국의 책임이라고 주장한 사실 확인), 수사보고(北 연평도 포격도발 이후, H 등 이적단체의 北 동조 사실 확인), 수사보고(「H 가 '7.27 - '9.27' 등 계기시마다 성명 등을 통해 북한 주장에 동조하여 역사인식 및 반미투쟁 선동 사실 확인), 수사보고(H F과 공동으로 2003.6.1.-17.간 〈AHW)을 조직하여 각종 반미 · 반정부 활동 전개사실 확인), 수사보고(TH F과 공동으로 2004.6.1.-15. KAHX)을 조직하여 각종 반미·반정부 활동 전개사실 확인), 수사보고(H F과 공동으로 2005.6.1-12.간 KAHY)을 조직하여 각종 반미·반정부 활동 전개사실 확인), 수사보고(「H F과공동으로 2006.6.2.-17.간

1. [Attachment Evidence List Nos. 485 through 489] (Report No. 489] (Report) 5 H H the first representative meeting (the data of H next Kafest meeting), the data of the first representative meeting of 5th period, “(Report) first representative meeting of 5th period” (the data of H next Kafest and public notice), the photographs of the first representative meeting of H5th April 1, 2007, the photographs of the first representative meeting of H5th period of 15th April 1, 2007, and the descriptions and videos of each date of H5th representative meeting of 5th period of H;

【Each Facts of No. 2 at the Time of Sales】

1. Partial statement of the defendant;

1. Statement of witness BL in the sixth protocol of the trial;

1. Statements made by witnesses BM in the 8th trial records;

1. Each entry into the verification protocol dated August 29, 2012, and the verification protocol dated September 14, 2012;

1. Each description and image of a reply to the request of the National Institute of Scientific and Investigative Research for the appraisal, a photograph of the suspect's participation in the suspect's meeting, a photograph of 16, 1010 '1010 '07079 '766' '10705 '7766', and A on November 22, 2011;

【Prior Records at the Time of Sales】

1. Entry of the residents' previous crimes and entry into and departure from the Republic of Korea, and copies of the second criminal judgment of the Gwangju District Court;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 7(3) and (1) of the National Security Act is a member of the dual organization: Provided, That the upper limit of punishment shall be in accordance with the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply) and Articles 185 and 30 of the Criminal Act (the point of each general traffic obstruction and the choice of each fine).

1. Article 14 of the National Security Act concurrently with suspension of qualifications;

1. Handling concurrent crimes;

The latter part of Articles 37 and 39(1) of the Criminal Act [Mutually between the crimes of violation of the National Security Act (Organization, etc. of a foreign organization) and the violation of the National Security Act (Organization, Morocity, rubber

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (in relation to each general traffic obstruction, referring to the aggravation of concurrent crimes with punishment prescribed by the general traffic obstruction of November 22, 201), which is heavier than the circumstances of the crime)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62 (1) and (2) of the Criminal Code (with respect to the crime of violation of the National Security Act (the composition, etc. of a foreign organization), consideration of favorable circumstances among the reasons for sentencing as follows)

Judgment on the argument of the defendant and defense counsel

1. Whether the indictment violates Japaneseism;

A. Summary of the assertion

The prosecutor stated the past history and activities of the defendant who is irrelevant to the case in all the facts of the indictment, and this is contrary to the principle of an indictment only because it makes the court open the prejudice of conviction.

B. Determination

In light of the type and contents of the crime as stated in the facts charged, the issue of violation of the principle of an indictment only shall be specifically determined in the relevant case on the basis of the contents of the documents and other things attached or quoted in the indictment, and whether the facts recorded in the indictment other than those required by statutes may hinder the judge or jury from understanding the substance of the crime (see Supreme Court en banc Decision 2009Do7436, Oct. 10, 2009; 2009Do7436, Feb. 22, 2009).

Of the facts charged in the instant case, the Defendant’s activities and criminal records before and after the instant crime are indicated. However, it appears to have been indicated to clarify the intent, motive, circumstance, etc. of each of the instant crimes, such as joining the personal organization of the Defendant. It is difficult to view that such indication would hinder the Defendant’s exercise of defense by stating that it would hinder the Defendant’s exercise of defense, or that it would hinder the judge from understanding the substance of the criminal facts by causing the judge to predict that the facts charged are guilty.

Therefore, we cannot accept this part of the defendant and his defense counsel.

2. An anti-government organization in North Korea;

The defendant and his defense counsel asserted that North Korea's anti-government organization is a dual status that North Korea is a partner of dialogue and cooperation for unification in addition to the status of anti-government organization.

However, North Korea is a partner of dialogue and cooperation for peaceful unification between South and North Korea, but on the other hand, despite changes in the relationship between South and North Korea, North Korea still has the character as an anti-government organization which is bound to adopt our liberal democracy system, and therefore, the normative power of the National Security Act which regulates anti-government organizations, etc. is also valid (see Supreme Court en banc Decision 2003Do758, Apr. 17, 2008). Since the facts charged against the defendant in violation of the National Security Act against North Korea is recognized as connected to the aspect of North Korea's anti-government organization, this part of the argument by the defendant and the defense counsel cannot be accepted.

3. As to the crime of violation of the National Security Act (the composition, etc. of an organization)

A. Summary of the defendant and his defense counsel's assertion

1) H is not a dual organization under Article 7(3) and (1) of the National Security Act.

2) The Defendant did not have joined H.

B. Determination as to H’s dual organization

1) Criteria for determining foreign organizations

Article 7(1) and (3) of the National Security Act refers to the continuous and independent combination formed by a specific number of people for the purpose of praiseing, encouraging, promoting, or aiding and abetting the activities of anti-government organizations or their members or those ordered by them (hereinafter referred to as "non-government organizations, etc.") with the knowledge of the fact that such activities may endanger the existence and security of the State or democratic fundamental order. Such interpretation of the elements of a crime of misunderstanding and joining the State refers to the continuous and independent combinations formed by a specific number of people for the purpose of promoting and instigating the activities of anti-state organizations. The purpose of the National Security Act (Article 1(1) of the same Act) and “this Act shall be limited to the minimum necessary to achieve the purpose of this Act in interpreting and applying this Act, and it shall not be deemed that there is any substantial restriction on the fundamental human rights of the people, which are guaranteed by the Constitution, with the aim of interpreting and interpreting the basic principles of the National Security Act (see Article 1(2) of the National Security Act, even if an organization’s fundamental interpretation and applying the basic principles of the National Security Act, etc.

2) Determination

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, H used the activities of North Korea and its members or those who were employed by it as an anti-government organization for the purpose of praiseing, encouraging, promoting, or aiding and abetting them, and it is recognized that the actual activities also constitute a dual organization with the risk of substantial harm to the nation’s existence and security and democratic fundamental order. Accordingly, this part of the allegation by the Defendant and the defense counsel against this is without merit.

① On November 23, 2002, 202, 14 organizations, including 202, and 15 representatives, such as BO, F, I’s south side headquarters, Internet broadcasting station BP, Q, X, and its representative, were organized and organized by the conference of representatives on 15 promoters. The I’s south side headquarters, recognized as a dual organization by the Supreme Court, was in charge of regional organization, sector organization, AF, Dondo Youth Association, Don Private Youth Association, Donsan Youth Association, exchange solidarity, etc., and F, was in charge of organization activities necessary for the formation of H’s collective organization, and major executive officers, such as standing representatives, were also organized by the South International Association and F.

② H established a representative meeting, a permanent operating organization, a steering committee representing H, a standing representative representing H, and a permanent operating organization, and was subject to the obligation to comply with H’s rules and decisions (Article 8 of the Regulations). He established website (BR) and Internet camera (BS) after its formation, and produced and distributed various names and agencies “L” events, such as BN and BD. During the process, some members were changed due to withdrawal and new entry, but tried to expand and strengthen organization by maintaining the continuity of organization such as holding a representative meeting and operating committee on a regular basis.

③ Not only expressed that the F generation, which caused the '6.15 step, was an organization that succeeded to the F itself, through a declaration, an action plan, etc. to the effect that H created H and declared it on the world that it had established a new youth movement, but also it is very similar in terms of the I South Korea Headquarters, F, BC and meeting rules, a dual organization, and recognition of North Korea, and direction-setting for activities.

④ H is convening the argument of North Korea that the Republic of Korea ought to be achieved by recognizing the Republic of Korea as the colonial place of the U.S. Stateism, denying the unity of the Republic of Korea, and achieving the unification independently through the anti-U.S./U./U./U./U.A. From this perspective, H asserts that the U.S. Armed Forces interfered with the unification independently by means of the war training during the North Korean War, encouragement of national division, interference with the internal affairs of the Republic of Korea, etc. In other words, H criticizes the U.S. to collapse by pressure such as nuclear war plan and anti-North Korea sanctions against North Korea. On the other hand, North Korea’s assertion against the North Korea’s North Korea’s North Korea’s launch and nuclear experiment was unilaterally inferred and safeguarded by evaluating that the U.S. would have served as the status

⑤ The assertion that North Korea’s nuclear experiment and nuclear crisis in the Korean Peninsula were aimed at strengthening the self-defensive force of North Korea while unilaterally pursuing the system of the Republic of Korea or the unification policy of the Republic of Korea, which may threaten the existence and security of the Republic of Korea or democratic fundamental order, was actively accompanied by the argument that North Korea’s nuclear experiment and nuclear crisis in the U.S. and North Korea were aimed at strengthening the self-defensive force of nuclear power. In particular, H had already promoted North Korea as “the socialist Party taking advantage of the hostile resolution with the U.S. system,” North Korea already realized ideology, military, and political strong powers through the military politics, North Korea’s realization to the economic strong state, and in 2012, North Korea’s realization to the economic strong state, which led to North Korea’s 100th anniversary of North Korea’s 100th anniversary of North Korea’s 100th century, and that North Korea’s establishment and security of the Republic of Korea’s political ideology, such as North Korea’s fundamental ideology and security of law, etc.

⑥ Each year, H reflected the new history of the North Korean Labor Newspapers, set the direction of activities, and at the steering committee or the representatives’ meeting, reported the contents of the consultation with the members on North Korea and North Korea, and conducted activities on the basis thereof. In addition, H exchanged with the dual organization, AF, BC, etc. and held various events together with them.

7) On November 8, 2006, H, the full-time representative of H, posted a letter of intimidation on H’s Internet car page, “BT.” In addition, on December 18, 2006, H criticizes 5th Operating Committee of the April 2006, as “BT”, and immediately after H’s criticism, the executive members R was 5th of December 21, 2006, the 5th of December 2006, the 5th of December 2006, the 5th of December 21, 2006, the 5th of December 2006, the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 0th of the 5th of the 0th of the 5th of the 0th of the 2nd of the 0th of the 2nd of the 0th of the 5th of the 5th of the 1st of the 20th of the em.

① Many of the executive members of H, who are the core executives of H, were convicted of having been convicted of violating the National Security Act, including the Z of the 1-6 Standing Representative, 3-6 Standing Representative BU, 5-FR of the 2nd executive committee, BV of the 1-3 executive committee, BX of the 1-3 executive committee, BX of the 1-3 executive committee, 5-6 executive committee, R of the 6th executive committee, BY of the 7-8 executive committee, and BY of the 5-6 executive committee.

O H presents the principle of disclosure in the operation of the Youth Association, based on the data of the understanding of the Youth Campaign and the prospect of H, while presenting the principle of disclosure, it means opening a door to the general public instead of presenting all the people. Disconditional transparency, which does not take into account the situation, ultimately leads to destruction of the organization. Therefore, it seems to pursue non-disclosure of the operation of the Youth Association, such as that “it is necessary to meet the appropriate qualification criteria for members.” In fact, H has not disclosed the data collection, etc. of the representative meeting through the Internet but has not disclosed the real name of executive members except for part of the full-time representative, etc., and in particular, R, BY, BZ prevented exposure to status by using a false name or using a mobile phone under another’s name.

C. Determination as to the defendant's H accession

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant is recognized to have joined the above organization as a representative of F, a member organization of H, who is well aware of the basic nature, activity goals, etc. of H. Therefore, the Defendant and the defense counsel’s assertion on this part is without merit.

① According to the H rules, the member of the above organization is a member of the H’s organization and an individual person [Article 6 of the H Rule (Article 9: 4,342 of the Investigation Record; hereinafter referred to as “Rules”)]. The organization is a representative meeting comprised of representatives, executive chairperson, office director, etc. of the member organization (Article 11 of the Rule), standing representatives, regional representatives, executive chairperson, office director, etc. As such, H is a member of the “organization.” Thus, in order to determine whether the Defendant joined H, the F to which the Defendant belongs is a member of the H organization, and the Defendant should be recognized as the representative of the H member organization, and accordingly, it should be recognized that the Defendant was the representative of the H member organization.

② According to the above evidence, “H’s meeting of representative” is the highest decision-making body for the organization and operation of H (Article 11(1) of the Assembly Rule). According to the witness testimony and the first meeting of the H5th representative meeting (Article 21(1) of the Assembly, the Defendant was a member organization of H on April 1, 2007, and the fact that F, a representative of the Korea National University, held on April 1, 2007, was present at the “the first meeting of the H5th representative of the Korea National University,” and the Defendant was directly present at F’s representative.

③ As above, the Defendant attended the meeting of the representative held on April 1, 2007, and participated in the procedures such as the fourth business report and the statement of accounts of H, and the election of five officers. During that process, the Defendant’s representative was also elected as a standing representative at the meeting of the said representative. In addition, the Defendant participated in the case of the business evaluation of H 4 period, the case of the H5 period program, and the debate on the budget bill, etc., together with the representatives of other member organizations. The Defendant directly read the “first resolution of the first meeting of the representative” of H 5 period, following the completion of the meeting of the said representative (Article 2(1),010). As such, the Defendant received and approved the contents of H’s business, budget, etc. as the representative members, and directly participated in the decision-making process, etc. for selecting the standing representative.

4) In light of the foregoing H’s organizational characteristics and decision-making process, and the Defendant’s status and role at the above representative meeting held on April 1, 2007, the Defendant recognized that the Defendant was a member organization of H. The Defendant was present at the above representative meeting on behalf of the members organization of H. The Defendant directly participated in the important decision-making process of H as a standing representative representing H.

recognized as such.

4. As to each general traffic obstruction

The defendant and the defense counsel acknowledged the fact that they participated in the assembly on each criminal facts stated in this part of the judgment, but asserts that there is no fact that the defendant occupied the road.

However, with respect to the assembly held on June 2, 201, the following circumstances acknowledged by the evidence duly adopted and examined by the court: (i) according to the defendant's participation photographs (in investigation records, pages 823 through 826), the defendant appeared along with the participants in the assembly; and (ii) as to the assembly held on November 22, 201, the defendant's participation photographs (in investigation records, pages 898 through 903) and video CD (Evidence 1,524), it is confirmed that the person designated as the defendant occupies the road along with the participants in the assembly, and that the fact that the defendant moved along with the participants in the assembly was confirmed; (iii) as to the assembly held on November 22, 2011 or video CD, such image is hard to be seen as the defendant's participation in the assembly; and (iv) the defendant's participation in the assembly and the defendant's testimony at the time of the assembly was made clear by the defendant's witness and the defendant's witness during the assembly.

Reasons for sentencing

The Defendant joined H as an anti-government organization, and was engaged in activities as a full-time representative of the above pro-government organization, thereby having a risk of substantial harm to the existence and security of the Republic of Korea and democratic fundamental order. In light of the status and role of the Defendant in H, it is inevitable to punish him corresponding thereto.

However, there is insufficient evidence to prove that the part convicting the Defendant was a member of a pro-enemy organization, and that he/she went to engage in a specific pro-enemy activity, such as praise or concert with, and distribution of, anti-government organizations. There is insufficient evidence to prove that the Defendant committed a crime of violation of the National Security Act (e.g., praise, rubber, etc.) against the Defendant and a crime of concurrent crimes under the latter part of Article 37 of the Criminal Act, both of which were judged at the same time.

In light of the above circumstances and other conditions of sentencing, such as the Defendant’s age, character, conduct, family relationship, health status, etc., the sentence shall be determined as per the disposition.

The acquittal portion

【Violation of the National Security Act (Mono, Mono, etc.) by Distribution of Personal Expressions】

1. Summary of this part of the facts charged

A. Distribution of pro-enemy materials on April 26, 201

On April 26, 2011, from around 10:25 to around 10:44 of the same day, the Defendant posted 49 North Korean documents, such as “CC,” etc., on the F website by using the CAB CB 340 pPC, on April 26, 201.”

The main contents of the documents under the above "CC" were to open the studs of the fleet in order to create a creative path for the Doctrine construction of revolutions.

The People's Republic of Korea, which was created and strengthened and developed under the age of the National Assembly of Korea, has developed by the National Assembly of the National Assembly of the People's Republic of Korea due to the military order of the National Assembly of the National Assembly of the National Assembly of the National Assembly of the People's Republic of Korea.

It is a firm belief of the king-gun that it is the revolution of the general interest, the revolution of socialism, and that it is no more valuable than the tradition of the people in the military and the people.

The People's Republic of Korea is able to make sure the brightness of our Revolution and the future of the father Riverland in the threat of force of the People's Forces, which was developed by the force of the People's Republic of Korea.

As a result, the praises the military politics of AA, leading to the principal ideology of G, and all of the remaining 48 documents posted on the same day are the praises and propagandas of the anti-state organizations, such as North Korea and North Korea, and North Korea.

As a result, the Defendant distributed pro-enemy pro-enemy in order to praise, encourage, advertise, or aid the activities of North Korea’s anti-government organizations with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order.

B. Distribution of pro-enemy materials on May 23, 201

On May 23, 2011, from around 21:00 to around 21:11 of the same day, the Defendant posted 22 North Korean documents, such as “F website notice” on May 23, 2011, using the CAB CB 340 PC, etc. using the CAB CB PC.

The main contents of the document called ‘the above CD’ are light or socialism of Korea because the receipt of the document remains.

The People's Republic of Korea will see the outcome of the extinction of the son's honored receipt of a socialist of Joseon by the Japanese War without end to the Grewing that the king of the pathist and the socialist of the pathic.

- The thickness of the receipt of the above was the Domination of the subject ideology realized of the Domincheon at the first time of the Revolution and developed the Domination of socialist theory on the basis thereof. It is the receipt of the Domination of the social development, not the Domination theory or other countries’ experience, but the person starting from the subject accumulation place and disclosing the legality of the social development at the center of the people, and the people’s central role. The Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Domination of the Republic of Korea, which succeeded to the socialist of the subject of the Domination by drawing up the thickness of the Domination, by the socialism that realizes the people’s interest and belief. As such, our foodism is the king of the Domination of the subject of G and North Korea’s political affairs on the same day, and all other documents presented by the Domination or the remainder of the documents presented.

As a result, the Defendant distributed pro-enemy contents with the intent to praise, encourage, advertise, or aid the activities of North Korean anti-government organizations with knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order.

C. Distribution of pro-enemy contents on June 4, 201

On June 4, 2011, from around 11:44 to around 12:22 of the same day, the Defendant posted 78 North Korean documents, such as “CE,” etc. on the F website by using the CAB CB 340 PC, on June 4, 2011.”

The main contents of the above "CE" documents are the self-convening organization of the Republic of Korea, which has been formed under the brush hand of the brue's subordinates, and fluents of the Republic of Korea, which has passed on the way of the brush.

Since the first day of the formation, training took the subject idea of the extinction as a firm guidance, and thoroughly embodys the entire movement, which is a sunlighted, and achieved the unification decision of celebry based on the loyalty to the flusent and the flusent flusent flus.

The training and re-helping movement, which is going according to the real attitude of the king that is a fluent of the nation's fluent spirit, will always be fluent and unfluent even in any fluent wave.

As a result, the following facts are that praises, which are anti-government organizations, and the rest of 77 papers posted on the same day, are all praises and propagandas of anti-government organizations, such as North Korea, and North Korea, and the co-government organizations, such as North Korea.

2. Determination

A. The evidence submitted by the prosecutor and the evidence presented by the prosecutor to prove this part of the facts charged as follows: witness V’s witness, photo (Evidence Nos. 19, 20, 21, 29, 30, 38, and 39) and witness BL testimony of the National Institute of Scientific and Investigation (Evidence Nos. 84, 87, 88, 89), the cell phone location verification (Evidence Nos. 18, 25, 34, 37, 44, 86, 90, 167), and the hard disk [Attachment 2, 3, 44, 34, 48, 167], and 3, 44, 3, 34, 44, 16, 38, 39, 39).

① A witness V is a police officer who was in charge of the instant investigation. Around 201, April 26, 2011; around 10:25, May 23, 201, the date and time of the instant investigation; around 201:0, May 23, 201; and around 11:44, June 201, the FCA University CB340 confirmed the Defendant’s form, and recorded it with pictures.

② According to the witness witness witness V’s testimony, documentary evidence and photographs, etc., it is recognized that the Defendant used a computer located in the CB 340 from around 10:29 to 10:44 on April 26, 201 and moved to the playground. On May 23, 2011, the Defendant used a computer located in the CB 340 on May 23, 201 and carried out telephone conversations with the outside of the CB 340 on June 12:25, 201.

As a result of analyzing CB 340’s hard disks (No. 2) of the computer, this part of the facts charged was perused by accessing the F homepage around 12:05 on May 23, 201, which was the same as that indicated in Section 2 of this part of the facts charged. On May 23, 2011, a trace of carrying approximately 20 documents on the F homepage (However, the specific content and time of publication of the documents posted cannot be known) was confirmed (No. 11 books of investigation record 2,031 pages), however, it was not verified that the direct trace related to the publication of the documents stated in this part of the facts charged was not verified.

④ As a result of the analysis of the USB (No. 3) and the hard disks (No. 2) possessed by the Defendant at the time of seizure on February 24, 2012, the two storage media installed the “Eraser 5.8”, which is the file deletion program, as a result, from March 17, 2011 to February 21, 2012.

B. Determination

In light of the following determination as to the above facts of recognition, the evidence alone submitted by the prosecutor is insufficient to ensure that the defendant posted documents on the F’s website as stated in this part of the facts charged, without any reasonable doubt, and there is no other evidence to acknowledge this otherwise.

① In order to find the Defendant guilty of this part of the facts charged, the fact that the Defendant used a computer listed in CB 340 on the date and time stated in this part of the facts charged is insufficient, and each document posted on the FB 340 on the FB 340 should be recognized together. In a case where there is a lack of proof on this, the determination should be made favorably to the Defendant in accordance

② In light of the facts acknowledged earlier, the Defendant appears to have used a computer located in CB 340, the date and time indicated in this part of the facts charged. However, regarding whether the documents written in this part of the facts charged came to run from the computer located in CB 340, the witness V stated in the court that the Defendant was only aware of the part where the Defendant works in the computer, and the page on which the writing was posted was not witness. The result of the analysis of the hard disc (No. 2) of the said computer was directly carried out on the FB’s website. The documents written in this part of the facts charged did not appear to have been sealed.

③ The witness V explains that “the document of this case was obtained in intelligence only on the grounds that the CB 340 room was specified as the place for the instant crime.” The fact that the document of this case was published on the computers located in CB 340 room is difficult to be recognized, in the absence of any submission of more direct and high probative evidence, including the relevant information of the F website server and the comparison of the address of the computers located in CB 340 room.

4. The connection trace of the computer hard drive (No. 3) and CB 340 held by the Defendant is less than the number of times, and it is difficult to view that this part of the charges is directly supported by this part of the charges. The fact that the same program is installed in each of the above storage media is not directly related to this part of the charges.

3. Conclusion

Therefore, this part of the facts charged constitutes a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

【Violation of the National Security Act (praise, rubber, etc.) caused by possession of obscene expressions】

1. Summary of this part of the facts charged

A. Possession of pro-enemy contents in the form of information storage device

1) Possession of pro-enemy materials using 80GB external hard disks

On February 24, 2012, the Defendant stored and kept approximately 27 documents, such as the Plaintiff’s generalization, i.e., “majorization, democracy, and unification movement in the form of information storage device” using external hard disks (FUJSU) with the external size of CAB CB 517-2 through 80GB capacity, and documents acquired at the Internet site of North Korea, etc., as stated in [Attachment 4] 80GB document storage, etc.”

The main contents of the 'main activity files' (A4 and 6) prepared by the Defendant in relation to the activities of the Chairperson of the Central Commission on November 2008, which was prepared by the Defendant in relation to the activities of the Chairperson of the Central Commission on Commission around November 2008.

- The 16th Fitness did not perform the role of the Chairman, exceeded all the things to the remaining animals and have them live a sense of life between them.

The life of a prisoner was also a fluor of learning in newspapers and classicals and training him/her into a more fluor.

- The 16th century began to be 16th century, in so far as it is provokingd to the memory of AA, clear self-regulation, and to make it so that it can grow up with pride.

- The AA thickness is very rough and boomed with respect to things that are not less than 24 hours a day, and dysing off time permitted for a day on many days for the people. The combat forces of the Revolution forces are b4 hours a day. The combat forces of the Revolution forces are dynamics. It is easy to look for people in the present era compared to the time of the Nari armed War, which was not every day in order to obtain the same name.

At all times, I will respond in the way that we live with a shocked company that only up the AA thickness relationship is opened with the mind of audit.

I would like to observe the security of GA and to serve in learning and pursuit. The main contents of the "209 General Book of Government" (A4 and 6) prepared by the defendant in relation to the FF central policy chairperson's activities around December 2009 should be established in the domination of the Korean Peninsula, and have been getting on and off with the construction of the Socialist Party in 2012. The quality level of the Korea Social Change Campaign is not easy even though it would be by the incidental learning and the depth of ideas of the movement. In order to overcome the past 50-day learning movement and the second half of the year, collective efforts to compel learning for 10-hour hours per week through combat and the second half of the year should be made in order to enhance the form and method of liquidation, the Korean people should not be able to learn in the form and method of liquidation.

In order to improve the quality of student movement in the 2010s, it is intended to restore the ability of life to fulfill the responsible role as a student movement order tower.Therefore, for the construction of the socialist bureau in the 2012 2012 asserted in North Korea, it is the content that the government has resolved to strengthen the self-governing thought and to establish the revolution-oriented climate by strengthening the self-learning learning to dissipulate the formalism and universalism as a student movement leader, and the activation of the "P" states, democracy and unification movement stored in the Pool" (A4 and 6) of the era.

The main contents of the documents are as follows: (a) in order to be advanced as soon as possible, the unification of the nation, which is a fluorite of the nation and the urgent demand of the times, the war for the unification of the nation must be more powerful in this land for independence, democracy, and unification. (b) In order to do so to the U.S. upstream, the knife the knife and knife the knife to the people, and the people, and the people, and the knife knife knife knife knife knife knife knife knife knife knife kn

The objective of the anti-U.S. self-regulation is to conclude the U.S. control and lectures in this land and to achieve the independent development of society. There is a democracy in anti-U.S. self-regulation and unification.

The U.S., which used the piracy and the "U.S." and took the place of this land, forced the Korean people to do so and suffering, and prevents the self-unified unification of the winter.

The anti-frequency democratic shock strike is one of the tensions of justice for the liquidation of marbitric shocks and the pursuit of the democratization and the national unification movement.

All the people in various fields shall use the value of anti-frequency democracy, and completely display the stude of the strike that can be seen as a mass strike with a strong reflector in the stude of the stude force.

The legitimacy of the unification of prevention and removal has been clearly verified, and the way to voluntarily resolve the unification of our nation is only the way to establish the Democratic Republic of Korea.

- In 2012, the passage of our nation is created by the light of the pattern of the above-line farite farite, farite farite, and the future of the farite farite farite farite is promised on that route.

As a result, the Republic of Korea is defined as a place of food in the United States, and the Republic of Korea is to build and instigate the Democratic Republic of Korea by developing anti-U.S. anti-stateization, anti-frequency democracy, and federal unification struggle.

As a result, the Defendant, while knowing that it may endanger the existence and security of the State or democratic fundamental order, had a pro-enemy pro-enemy for the purpose of praise, encouraging, promoting, or aiding and abetting the activities of North Korea’s anti-government organizations.

2) The possession of pro-enemy materials using the 2GB US MUB Mea

On February 24, 2012, the Defendant stored and retained approximately 3,679 North Korea documents using the 2GB MUB MUB MU 2G MU 2G MU 2G MU 2G MU 2G MU 2G MU 3,679, on which the phrase “EU” was printed on the product surface.

The highest route of the above USB metle contains a record of sound broadcasting of the Gu, and approximately 3,03 files such as North Korea's nuclear power, labor newspapers, and article 1,496 North Korean music and video files such as "A head of the Gu," "AAA" construction strategies for the 21st century," and "DA 21st century," which belong to the Pool of "DA" were stored in approximately 232 North Korea's nuclear power, labor newspapers, and article 3,03 of Korean people's nuclear power, labor newspapers, and article 1,496 North Korea's music and video files.

The main contents of “the subject’s theory of receipt of documents under [A4 and 14], which are stored in the highest course of North Korea’s socialism, in which both G, AA, and CG praises and praises, or North Korea’s socialist revolution, subject ideology, military politics, lecture politics, construction of galeland, and collection art, etc., and which promote and praises the friendship of North Korea’s socialism (A4 and 14).

In the theory of receipt of the subject, the receipt is the highest acceptance of social and political life body, and the role of the decision is the role of the citizen as an independent entity, and the relationship between the receipt and the civilian in the social and political life body is the new relationship between the co-operation and the compromise, love and loyalty.

As shown in the anti-national war against the Korean people in the Republic of Korea and the new social construction process in North Korea, the thickness of the receipt of Korea has created the subject idea of the extinction, and has expressed the subject theory of social change theory and strategic transition theory on the basis of it, which is the subject theory, and has made a clear turn off the struggle to realize the independence of the people of the Republic of Korea.

The theory of the above ideas is based on the theory of the social change movement, and the thickness of the Gantin, which is following the honoration of the social change movement, shall be kept in the most noble height of all stuffs that the receipt should be carried, and the guidance shall not be the highest receipt among the public.

In light of the Gtin thickness, it is time to newly develop modern history, to receive the highest challenge among the people in light of the modern history, and to make it clear that the war against the people's self-defluence and the people's self-defluence, which is very important for the unconstitutionality and the people's self-defluence, which has not been end on the people's self-defluence.

In this regard, the contents of the document from the 21st century, which is stored in the 21st century ‘WHP' Pool (A4, 151) - opened a new source of dynamic moral ethics with respect to the receipt of a prior election, which is a great example of aggressive moral ethics, and has maintained the social and national prosperity and opened a brightness before the brightness and opened a brightness of the 1st century, and the 1st century's outstanding leadership and the 2nd century's leth century's ethmar history and the 2nd century's leth century's lethmar history and the 1st century's lethmar history and the 1st century's lethmar history and the 1st century's lethmar history and the 1st century's lethmar history and the lethmar history of the 2nd century. It was also one of the 1st century's ethic history and the eth century's 1st century.

- The status of the Joseon Labor Party was firmly established as the fluor of the conduct of self-defense in order to realize global independence and the independence of the public, by strengthening and developing as the party to receive the AA Territorial Labor Party in the thickness, the party to the strong steel with the power of writing failure, and the mother of the people to the public, thereby strengthening and developing into the fluoral mother for the sake of popularity. As such, the fluoring of the activities and achievements of the AA is a content of the fluoralism.

3) The possession of pro-enemy materials using the 1GB US M&D M&D M&D Co.

On February 24, 2012, the Defendant stored and retained approximately 2,670 North Korean documents, music, video, etc. using the 1GB M&D M&D M&D’s 1G M&D M&D’s 1G M&D’s 1G M&D’s cBD storage document, etc. with the phrase “EM” printed on the product surface.

On October 12, 1988, G had 29 documents relating to the principal ideology of North Korea and the theory of the 19th South South Revolution, such as the "Chairperson of the above USB MU MU/L Round" and the "NL Round" were stored with the Central Committee responsible group of the Dong Line Central Committee of the Central Committee, and 29 documents relating to the principal ideology of North Korea and the theory of the 1st century were stored in the Republic of Korea, 'MUG 1.1.1. the chairman of the Central Committee of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of Korea of the Republic of Korea of the Republic of Korea of Korea of the Republic of Korea of Korea of 1.3.1.2.2.2.2.3.3.01.

There are 92 cases of North Korea Won, such as "the 3rd group of 00dududusan," "the outline of the revolutional activities of receipt of large Dong G received in Korea", "the 100th group of Moduna," "the 100th group of Moduna, the 10th group of Moduna, the 1st group of Moduna, the 1st group of Moduna, the Moduna group of Moduna," and "the

The main contents of the above files are as follows: (a) young students' clubs leading to the eromatic era of Korean student movements stored in the files, such as G, AA, and CGs, or North Korea's socialist revolution, principal ideology, military politics, strong construction, and house art; and (b) young students' clubs leading to the eromatic era of Korean student movements; (c) receipt and defense in the place of the strike for the strengthening and development of student movements; (d) Doz. (A4 and 18) Doz. (A4 and 18) Doz. in 2012, which is suitable for the above receipt of 100, have to be carried out in line with the spirit and significance of North Korea's strong power development; and (e) have to be carried out in line with the demands of the times to strengthen the students' self-eronomic power in order to boost the development of the Republic of Korea.

The young students of South Korea should also live in the young students' response to a new flag and salutism and youth eros. We have to live in the young students' response of a proud Joseon nation. They have ever far far far far far far away from the angle of the king in the way of strengthening and developing the students' movement by using a self-salutism that is the best cable in the fighting with the United States. They have left in the way of strengthening the students' movement, so far as they have shown in each stage of the revolution, every stage of the revolution, the level of receipt protection displayed in the important battle, and the place of the strike for strengthening and developing the students' movement.In the course of the receipt of the Dog, the Dog's war, the foundation of the receipt of the Dog, and the construction of the Dog River. I would like to see the spirit of the unification of the Dog, the consciousness of the students in the course of the unification, and to complete the organizationalized projects, and to salv the historical phenomenon and self-sty.

In anti-U.S. - In the process of organizing the U.S. army, it is necessary to set the direction of the strike in order to accurately reflect the entire world territory and matters beyond the matter and to implement the public awareness project, and expand and develop the popular campaign.The thickness of the receipt has sought the forms and methods for realizing young students, which are the constituent parts of the people, by the revolution ideology, and has the way to cover the outline of the revolution. First of all, it is necessary to promote the level of ideas by carrying out the ceremony through various forms and methods, and by raising the awareness of ideas.

In any calendar, we would like to learn the loyalty to the celebeded receipt of the celebly, savously by the sublime model of the anti-Japanese class members of the anti-Japanese class that satise, learning, and lives in combat. I would like to create the crym and innovation constantly from all electric wires of the struggles for the strengthening and development of the student movement. In order to establish the self-governing regime in South Korea, I would like to instigate that the student movement should be strengthened and developed according to G education in order to establish the self-governing regime in South Korea, and that the university students' awareness and organized project should be opened to this end.

4) Possession of pro-enemy contents using 640GB external hard disks

On February 24, 2012, the Defendant: (a) around February 24, 2012, at the above CAB CB 517-2 from the above CAB CB 640G capacity outside of the outside

Attached Form 7'640GB-type Hadon, such as film, photograph, music, etc. that deals with the activities of North Korean Won, G and AA, the atmosphere, etc. in the form of information storage device using TOSHBA.

As stated in the "documents stored in disks, etc.", approximately 12,026 North Korean documents, music, video, etc. were stored and kept.

위 외장형 하드디스크의 'NEW_SPTV' 폴더에는 'CH(M의 영문 이니셜), 'NEW2', '좌우명' 등 하위폴더 14개에 2012. 1, 1. M의 105 탱크 사단 현지지도 등 북한정권의 최근 활동이 담긴 동영상 155개가 저장되어 있고, '자료' 폴더에는 가, 나, 다~히 등으로 구분한 하위폴더 2,226개에 G.AA·CG 관련 화첩 및 현지지도 사진, 북한 영화와 텔레비전 연속극 등 동영상, 북한 음악, 주체사상 동영상 강의 등 21,874개의 파일이 저장되어 있으며, 'DpRkMusic' 폴더에는 '이북노래', '조국에 관하여' 등 하위폴더 7개에 'AA 장군의 노래' 등 북한 음악 파일 514개가 저장되어 있고, 특히 위 세 개의 폴더에 분산 저장되어 있는 '고난의 행군.txt' 파일은 북한 반제민전의 통일여명 편집국에서 발간한 총서 《불멸의 력사 '고난의 행군' 편을 담고 있다.

All of the above files are contents of publicity and praise of North Korean socialism, such as the revolutions, principal ideas, sacrificisms, sacrific politics, construction of galiticism, and colonism.

B. Possession of pro-enemy materials in the form of incentive

On February 24, 2012, the Defendant received a decoration from CAB CB 517-2 of the CAB CB 517-2 of the above CAB and maintained 11 documents printed out in the form of inducement, such as the list of printed articles in [Attachment 8], such as the list of printed articles in North Korea’s new, common opinion, etc., which was printed out in the form of printed articles, in 2012.

The main contents of the documents of "(A4 and 4) Mac-ro Mac-ro, the Hac-ro, the Doc-ro, the Gac-ro, the Gac-ro, the Gac-ro, the Gac-ro, the main contents of which are to promote and instigate North Korea's attention, such as propaganda and obsation of the activities of G.A., military politics, and the construction of a Doc-dong, or the establishment of an independent democratic government, etc., of the Republic of Korea, were the long tradition of our people. The existence and attitudes of the above A. Dong area of Korea were the 10th century, which was the foundation of our Doc-ro, the Doc-ro, the Doc-ro, the Doc-ro, the Doc-ro, the Doc-ro, the Doc-ro, the Doc-ro, the 10th century of which was changed into the Doc-man's new Doc-ro.

Today, the military and the people have reduced how much old-ages are the spirit of the nation, and how much old-ages have been raised and revolutioned by Rusber, and they have exceeded a resolution to realize the tradition of AA Dong and the end of IA Dong and to realize it.

This year year 101 (2012) shows that the theory of strong AAdong theory of strong AAdong area came into a room with light, and that the new 100s of Gon-ship begins.

In our past, Korea's great task has to be achieved the goal of the historical step by the year of 2012. We must go through a new high level of construction of socialist strongs by achieving light or a sacrine in the string of this year for the opening of the text of the strong nation.

First, the power of the Glight is the threat of ideas and the threat of force even in the future, even in the age of the fishing system.In 2012, our political thought power, which has led to the generation and the household according to the above-mentioned receipt and the above-mentioned party, is the conflict between the first and the conflict of view, where our political thought power is displayed as much as possible.

Therefore, in 2012 from the beginning of the new 100 year of the G Twit line, the AA's strong theory for the G Twit line is established, so it is the fact that the G Twit line should be constructed according to the M's territorial map.

C. Possession of pro-enemy contents in publications

On February 24, 2012, the Defendant held 37 North Korea's prior to North Korea in the form of publication, such as the above CAB CB 517-2, the 23th century, the 40 passport along with the GJ 517-2, the principal idea of '(s)'(s) as well as the aggressive organization of the subject, etc., the 70 passport of North Korea, the 18th books of history, the 'AAdong,' the 10th class of G, and the 100 list of North Korea' in the form of publication, including the 37th class of publication, such as the list of North Korea's nuclear power in the form of publication.

All of the North Korean Wars mentioned above are contents of the North Korean regime, attention, and arguments, such as the status quo, the principal ideology, and the outstanding military politics, and the socialism history, etc.

As a result, the Defendant, while knowing that it may endanger the existence and security of the State or democratic fundamental order, had a pro-enemy pro-enemy with the purpose of praise, rubber, propaganda, or assistance in the activities of North Korea’s anti-government organizations.

D. Possession of pro-enemy contents in the video tape form

On February 24, 2012, the Defendant kept a video tape recorded in North Korea’s list of video tapes, such as “Attachment 10”, “CB 517-2 of the CA University CB 517-2 of the Republic of Korea and CG,” “fluor’s history of advertising on the site guidance of AAA,” “protos’ visit recording on the part of AAA,” “fluor’s model visit,” “fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s.

All of the above video works are contents such as North Korea's system, such as the status of the Joseon Labor Party, which is established by the principal idea, and publicity and praise of the tradition of G and AA.

As a result, the Defendant, while knowing the fact that it may endanger the existence and security of the State or democratic fundamental order, possessed pro-enemy contents for the purpose of praise, rubber, propaganda, or concert with the activities of North Korea's anti-government organizations.

2. Defendant and his defense counsel’s assertion

A. CB 517-2 is a student self-governing space used by many and unspecified persons, and the Defendant’s residence or Defendant’s exclusive use is not a place. At the time, the Defendant was living at the seat of a person around the CAJ. The Defendant did not possess information storage media, printed materials, North Korean source, etc. as indicated in this part of the facts charged that was seized at the above place.

B. The information storage media, printed materials, North Korea nuclear power plant, etc. indicated in this part of the facts charged cannot be seen as active and aggressive expressions causing risks to the existence and security of the State or democratic fundamental order, and thus does not constitute pro-enemy contents.

3. Determination as to whether the defendant possessed pro-enemy contents of this part

A. According to the evidence submitted by the prosecutor and the evidence presented by the prosecutor to prove this part of the facts charged, the witness V testimony, cell phone admission data, etc. (Evidence List Nos. 76 through 80), the location verification (Evidence List Nos. 84, 87, 88, and 89), the police protocol (Evidence List Nos. 94 through 99), the de facto fact investigation report (Evidence List Nos. 104, 105), each investigation report (Evidence List Nos. 91, 124, 125, 127, 13, 136, 138, 139, 141, 146, 147, 197, 106, 107, 167, 17, 196, 37, 124, 127, 17, 196, 17, 16, 17, 16

1) Circumstances in which the Defendant seems to have used CB 517-2

① At the time of search and seizure of CB 517-2 on February 24, 2012, CB 517-2: (a) electric straw board, fluent board, etc. was placed on the floor; (b) electric straw board, etc. was placed on the floor; (c) electric straws, snicks, etc., (d) electric straws, snicks, etc., and (d) was placed, and (e) accommodation was possible, such as (e) the clothes are left, and (e) clothes

At the time of the search and seizure above CB 517-2, there was an anti-pact 26 number that the Defendant appears to have suffered around May 23, 201 (additional evidence list Nos. 26). The following was discovered: the pocket book and log book (Evidence Nos. 371 to 373, 375 to 380) where the body of the Defendant and the body of the Defendant (the evidence list No. 371 to 373, and 375 to 380).

③ According to the location of the base station from November 21, 201 to December 28, 2011 (i.e., the investigation record 12 books 3,574 pages) from May 30, 2011 to February 22, 2012 (i.e., the investigation record 12 books 5,847 to 5,852 pages) of the transportation cards used by the Defendant, the Defendant was boarding and leaving the station at the bus stops at CI Station, the subway station, the subway bus stops at the CA University bus stops, etc. close to the CA Department during each period of time 4 to five times a week, and in particular, after the Defendant started to work as public interest personnel, it is found that the Defendant was using the time of leaving the station on a regular basis from May 30, 201 to February 22, 2012.

① From November 23, 201 to February 25, 2011, and from February 2012 to February 22, 2012, immediately before the search and seizure ( February 24, 2012), the above 517-2 observation was made in a total of five times from February 20, 201 to February 22, 201, and during the above period, the Defendant confirmed the fact that he/she works for public interest personnel by moving from CI to CB to the subway.

⑤ According to the character and text messages of the Defendant’s Handphone (Ch. 11 Book No. 1,622 page of investigation record), it is confirmed that around the end of January 2012, the Defendant sent the Defendant’s letter and text messages that he would look at the Defendant’s seat of the items, such as digital camera, medicine, skiing, books, etc., or that he would look at the Defendant’s seat in the “CA counter.”

6. According to the personal information inquiry about the Handphone (CM) used by the defendant in the name of CL, the subscriber's address is indicated as Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City CNB CNB 3rd class student conference room.

2) The evidence seized on February 24, 2012 and the result of the analysis of seized information storage device.

① On February 24, 2012, at the time of search and seizure of CB 517-2, at the above location, three ice PC (Evidence Nos. 3), three otroph North Korea (Evidence No. 5, 7, and 10), three otrophs (Evidence No. 12), three ophs (Evidence No. 17, 18, and 19), three ophs (Evidence No. 20, 21, and 22) were discovered. The police, together with the above devices, owned the internal information storage device of the device, namely, the ocoke PC (Evidence No. 3), together with the device’s hard disc (Evidence No. 4), the otrophs (Evidence No. 5), the otrophs (Evidence No. 6), the otrophs (Evidence No. 7), the Defendant’s cell disc (Evidence No. 13, No. 10, 13, and oph. 13).

② As above, the police analyzed the trace of each information storage medium seized as above, and the result is as follows (the “scambing of connection” as indicated below indicates the minimum frequency of connection between the relevant device during the pertinent period, and the more specific frequency of connection and the time during which connection was maintained, etc. were not verified.

③ As a result of the analysis of the hard disks (dubit No. 3, No. 4), it is confirmed that he/she joined the e-mail account used by the Defendant in the PC (Evidence No. 3), mobile phone numbers, etc. and connected approximately 20 times to the shopping mall in the above e-mail account used by the Defendant, mobile phone numbers, etc.

④ As a result of the analysis of the hard disks (No. 6) of No. 5 (No. 5), it shows the following details: (a) from the No. 5 (No. 5), the trace of the Defendant’s NAEdi (CO) and Hadrid Adydyal (CP) was confirmed; (b) the Defendant’s NA portal site was stamped on the Defendant’s Adydyal site “htp” (htp:/www/www.com) around January 10, 2010.

(5) As a result of the analysis of the hard disc (No. 10) from No. 10 (No. 11), the e-mail sent from the No. 10 (No. 10) to the Defendant’s name was used six times between December 25, 201 and February 23, 2012; and the Defendant’s e-mail address was opened to the Defendant’s e-mail address, and the e-mail is confirmed to be shade.

⑤ The program identical to the “Eraser 5.8”, which is the file deletion program installed in the U.S.B. (No. 3) held by the Defendant was installed in the H.C. 517-2, both H.S. PC (No. 3), No. 5, North Korea (No. 5), and No. 12, respectively, and USB (No. 20).

7. The outer pages of each USB seized (No. 20, No. 21) are printed with "E University that the defendant graduated from", respectively.

B. Determination

In light of the following determination as to the above facts of recognition, it is difficult to say that the evidence submitted by the prosecutor alone that the defendant resided in CB 517-2 or used the above place exclusively. Thus, it is insufficient to affirm that the defendant possessed the information storage device, printed materials, North Korean Won, etc. as stated in this part of the facts charged as seized in CB 517-2, and there is no other evidence to acknowledge this part of the facts charged.

① In order to recognize that a defendant possessed information storage media, printed materials, North Korean Won, etc. as stated in this part of the facts charged, which exist in CB 517-2, the defendant used the above place as his/her residence, or at least the extent that the defendant has exclusive authority over the management and use of the above place, and that the defendant can exclude possession of another person, and if it is short of this, the determination is inevitable in favor of the defendant pursuant to the presumption of innocence.

② As to whether the Defendant resided in CB 517-2, the number of times the Defendant directly verified that the Defendant was accommodated in the said place is limited to five times, and the usage of transportation cards or the location map of the base station of mobile phones was located in the vicinity of the relevant subway station or in the vicinity of the relevant base station. In particular, the Defendant’s assertion is not inconsistent with the aforementioned assertion of the Defendant, since the use of transportation cards or the location of the mobile phone base station is the Defendant’s residence in the area adjacent to the CA University at the time, the use of transportation cards or the location of the mobile phone base station is not contrary to the Defendant’s assertion. Ultimately, it is insufficient to serve as the basis for the direct Defendant to reside in CB 517-2.

③ Although clothes appear to be worn by the Defendant, and the pocket book, set, etc., which appears to be written by the Defendant’s pentain, were discovered in CB 517-2, the Defendant himself/herself may not be deemed to have resided in the above location, inasmuch as it is acknowledged that the Defendant himself/herself had locked at the above-mentioned location.

④ CB 517-2 is a family room located in the university student center and an unspecified number of people can enter. At the court, AH directly stated in CB 517-2, that he/she had a neck, and that he/she would have a cruel fluor, and that public officials of CB 517-2 were fluorily lower or fluorly lower level. In addition, the entrance door of CB 517-2 was installed, and many public officials, such as public officials and graduates, were aware of the above fluor number, and that the above fluor was not an interim replaced. In light of this, there seems to be considerable probability that other people than the Defendant, were using the above fluor.

⑤ The investigative agency seized more than five computers and six independent information storage media with CB 517-2, and analyzed the aforementioned seized computers and information storage media, the cell phone (Evidence No. 1) and the USB (Evidence No. 3) with which the Defendant was in possession, and the programs jointly installed.

However, as seen earlier, the number of connections is considerably less than that of the period (this may be deemed as the minimum number of connections, but as long as the specific frequency or time of connection has not been verified, it shall be interpreted favorably to the defendant), each of the above equipment and information storage device installed the same program between the above equipment and information storage device, or the fact that part of the above computer is an ID from the Defendant’s name, etc., beyond the fact that the Defendant used the above computer or information storage device “use”, it is insufficient to recognize that the Defendant possessed “the Defendant.”

6. In particular, among the information storage media that the prosecutor indicted for storage of pro-enemy materials, 80GB-type 18, 2GB-type 18, 1GB-type 20, 1GB-type 20, 640GB-type 17, 80GB-type 18, and 1GB-type 17, the 2GB-type 80GB-type 18, and 1GB-type 27GUB-type 21 did not appear to have any connection with other equipment. The 2GB-type 27GB-type 12, the Defendant’s 30GB-type 12, the 32GB-type 12, the 167GB-type 12, the 167GB-type 12, the 30G-type 37, the 2012 Defendant’s 37GB-type 4, respectively, did not have any evidence.

7) At the time of seizure on February 24, 2012, the articles specified as pro-enemy materials in this part of the facts charged (attached Form 8), 377 books (attached Form 9), such as North Korea’s nuclear power plant, and video tapes (attached Form 10) were kept in a sealed state after being divided into four boxes under the following. The investigative agency conducted a fingerprint appraisal on the instant gambling and gambling, but only the fingerprints of other persons other than the Defendant’s fingerprints was discovered, and there is no evidence to verify when the said gambling was carried in CB517-2 on the record.

4. Conclusion

Therefore, as long as the Defendant cannot be deemed to possess information storage media, printed materials, and video tapes as stated in this part of the facts charged, this part of the facts charged falls under a case where there is no proof of crime, and thus, the Defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.