All appeals by the prosecutor and the defendant are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (one year of imprisonment, two years of suspended execution, and confiscation) is too unhued and unfair.

B. Defendant 1 cannot be deemed as “an anti-government organization referring to the State” in light of the changed international situation, etc. ① In light of the legal principles, the following facts are not deemed to be “an anti-government organization referring to the State,” ② The E Union sacrifies the strong order of the South Korean headquarters and the South Korean Anti-Korean Headquarters do not constitute an anti-government organization. ③ The contents of the instant expressive materials are irrelevant to the existence and security of the Republic of Korea or are difficult to be deemed to be in conflict with the liberal democratic basic order. Nevertheless, the lower court erred by misapprehending the legal principles, which convicted the Defendant of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, North Korea’s anti-government organization is a partner of dialogue and cooperation for the peaceful unification of South and North Korea; on the other hand, despite the changes in the relationship between South and North Korea, North Korea still has the character as an anti-government organization that takes measures to reverse our liberal democracy system and thus, 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). Accordingly, the Defendant’s above assertion that North Korea’s anti-government organization was already extinguished or that North Korea’s anti-government organization is not recognized in this case is not accepted) and that North Korea’s anti-government organization as a pro-government organization under Article 7(1) and (3) of the National Security Act is an anti-government organization.