All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts is not an anti-government organization, but the National Security Act is contrary to the Constitution.

The instant notices are not contents irrelevant to the existence and security of the Republic of Korea or contents that conflict with the liberal democratic fundamental order.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

(2) Of the facts constituting the crime of 3. A in the judgment of the court below, each of the crimes described in the judgment of the court below is in the relation of the National Security Act violation (e.g., aiding and abetting), as stated in the judgment of the court below, and since the crime was committed before the judgment of the court below is rendered,

Nevertheless, the lower court erred by misapprehending the legal doctrine and sentenced the Defendant guilty on this part of the facts charged.

(3) The sentence imposed by the lower court on the Defendant (two months of imprisonment, two months of suspension of qualifications, one year of imprisonment, and one year of suspension of qualifications) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. (1) Although North Korea is a partner of dialogue and cooperation for peaceful unification of the fatherland, North Korea still has the character as an anti-government organization that is bound to adopt a system of our free democracy while adopting a system of hostile unification in spite of changes in the relationship between South and North Korea, and therefore, the normative power of the National Security Act that regulates anti-government organizations is valid.

(see, e.g., Supreme Court en banc Decision 2010Do1189, Jul. 23, 2010). Moreover, the freedom of conscience, the freedom of speech and press, and the freedom of learning, etc. are fundamental rights guaranteed by the Constitution of the Republic of Korea.