The appeal is dismissed.

The grounds of appeal are examined.

In order to be recognized as pro-enemy contents under the National Security Act, the contents of the expressive materials must be active and aggressive to threaten the nation’s existence and security, which is the legal interest protected under the National Security Act, and the democratic fundamental order. Whether there is an objection to the expressive materials should be determined by taking into account not only the overall contents of the expressive materials, but also all the circumstances such as the motive for and appearance of the expressive act and the relation with the outside

Meanwhile, the crime of Article 7 (5) of the National Security Act is a so-called purpose crime, where documents, paintings, or other expressions are produced, imported, copied, possessed, transported, distributed, sold or acquired for the purpose of committing the act of immigration under Article 1, 3 and 4.

The purpose of the crime in the objective crime is to be an excessive subjective illegal element for the establishment of the crime, and it is separately required other than the intention. Thus, even if an actor recognized the existence of the representation and committed an act stipulated in paragraph 5, the elements of the crime are not satisfied unless the purpose of the act is recognized.

In addition, since the prosecutor bears the burden of proving the facts constituting the elements of a crime prosecuted in a criminal trial, the prosecutor must prove that the perpetrator had the intent to conduct a pro-enemy act. The fact that the perpetrator knowingly committed an act under paragraph (5) shall not be presumed to have the intent to conduct a pro-enemy act.

In this case, if there is no direct evidence to prove that the act was an object of pro-enemy, the career and status of the defendant, the circumstances leading the defendant to commit the act in paragraph (5) in relation to pro-enemy materials, whether the defendant was a pro-enemy organization, the substantial goal and activity of the organization to which the defendant belongs, in addition to the various circumstances that are set forth in the list of pro-enemy materials as seen earlier.