Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles regarding North Korea’s anti-government organization and the National Security Act’s unconstitutionality. On September 17, 1991, the Republic of Korea and North Korea joined the United Nations simultaneously. On December 13, 1991, the Framework Agreement on South and North Korea was adopted at the so-called high-level conference of South and North Korea, and on June 15, 2000, the South and North Joint Declaration was held and announced on June 15, 200, and the South and North Joint Declaration was issued on October 4, 2007 to the effect that the 615 Joint Declaration was issued and the 615 Joint Declaration was accepted. Thus, North Korea cannot be regarded as an anti-government organization.

In addition, the National Security Act is unconstitutional law, such as suppression of freedom of thought, freedom of expression, violation of the freedom of body, violation of the principle of no punishment without law, and violation of the provisions of peaceful unification of the Constitution, and it has lost the normative power that conflict with international human rights norms, international treaties, inter-Korean exchange and cooperation laws.

Therefore, the court below erred by misapprehending the legal principles as to anti-government organizations under Article 2 of the National Security Act, which affected the conclusion of judgment.

B) On July 2006, the Defendant, as a graduate of D University at the time of July 2006, did not have been a regular member of Edong Ri, and did not have been in charge of Q, etc., the Defendant’s statement based on the testimony of Q, etc., which was not reliable (hereinafter “each of the instant representations”) around July 2006.

(C) The lower court found the Defendant guilty of this part of the facts charged on the ground that each of the instant representations was possessed by custody and possession, and thus, erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. However, each of the instant representations cannot be deemed to have an interest to the extent of praiseing, promoting, or aiding and abetting the activities of anti-government organizations.