logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
집행유예
(영문) 서울중앙지방법원 2006. 5. 26. 선고 2001고단9724,2005고단7068(병합) 판결
[국가보안법위반(찬양·고무등)][미간행]
Escopics

Defendant

Prosecutor

Oral Communications

Defense Counsel

Law Firm Han-gu, Attorneys Hun-Hun et al.

Text

A defendant shall be punished by imprisonment for a term of two years and suspension of qualifications for the defendant.

The fifty-two days of detention before the sentence of this judgment shall be included in the above imprisonment.

However, the execution of the above imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant graduated from the Social Department of ○ University on February 1972, and was studying in the United States on August 1981, 1981 and returned to the Republic of Korea on December 12, 1987 after obtaining the degree of social doctoral degree from △△ University on January 1, 1988, ○ University’s lecturers, ○ University, △△ University’s Instructors, and △△ University’s Assistant Faculty of Social Department of △△ University on March 3, 1989. The Defendant was appointed as a full-time professor of the same university on September 1, 1997.

On July 194, the Defendant attended the policy chairperson of the Council for the Unification of the Republic of Korea organized by force to implement the unification of the nation, such as the conclusion of the Peace Agreement, the South and North Korea’s mutual axis, and the phased filing of the foreign armed forces, on April 1998, the policy chairperson of the “Council for the Unification of the Republic of Korea,” Nonindicted 1 [the confirmation of life for the crime of violating the National Security Act (espionage) on October 8, 1993], the National Security Act removed on May 7, 1999, the co-chairperson of the “Council for the Unification of the Republic of Korea” established with four political tasks as the “Council for the Unification of the Republic of Korea (afford)” (a) the co-chairperson of the Unification of the Republic of Korea (afford names), the “Council for the Unification of the Republic of Korea,” and the “Council for the Unification of the Republic of Korea and the co-operation of the Republic of Korea for the purpose of achieving the unification of the Korean Peninsula and the unification of the two North Korea.”

The defendant is an anti-state organization organized by the North Korean public organization to join the government and disrupt the nation as the basic goal of the unification in South-North Korea. The defendant is an anti-state organization that is organized by the North Korean public organization with the view to forming the unification in South-North Korea with the view to the historical view of the Mau-manist theory based on the anti-stateism, and thus, the reality of the Republic of Korea is an anti-state society subordinate to the history of the Republic of Korea through the anti-stateism, and all people are able to withdraw from the society as an anti-state society with the strong view of the anti-stateism, and the people's independence and anti-stateism should be regarded as an independent anti-state organization with the power of the Revolution in which all workers, anti-states, e.g., anti-states, e., anti-national capital and anti-states, and anti-states' independence and anti-states' e.g., anti-states' independence and anti-stateism, while forming the anti-state, anti-state and anti-stateism.

[201 Highest 9724]

1. Around October 2000, at the Defendant’s residence, the thesis “Korean War and National Unification” was written, and its main contents were written.

○ Under the title of the Korean War as the fifth stage.

- The Korean War, focusing on the main body of war, took the form of the Korean War or the Korean War, which takes the form of the Korean War or the Korean War, which takes the responsibility for the existence of the external and external taxes on the one hand and on the other.

- The first step war, which occurred from the previous war of February 7, 1948, was a war in which South Korea’s North Korea’s North Korea’s North Korea’s North Korea’s North Korea’s North Korea’s North Korea’s North Korea’s North Korea’s North Korea’s North Korea’s North Korea’s North Korea’s North Korea’s

- the Korean War was not simply a sudden occurrence on June 25, 1950, but at least 1948 started from 1948. The goal of the war was to prevent the division between South and North Korea, thereby achieving national unification.

- The second stage war is widely known as an extended war that North Korea, which resulted from June 25, 1950, expanded war, and tried to establish the unification government by the emergency order in Seoul and destroying Nonindicted 7's regime. The essence of the second stage war is purely internal war.

- The third step begins with the external dependence of the United States, namely, the external tax prior to the pure expansion prior to the second step limit, which is the case of the U.S., respectively, participating in the second step limit, and the anti-residents' ability to urgently blood.

The meaning of war is purely a dominant nature of the Korean War pursuing the piracy from the United States, which was involved in the purely "illegal" before South Korea.

- Despite the immediate intervention of the United States, the United States Armed Forces and South Korea would lose 90% of the South Korea in the month in which the United States has repeated a plaque. This fact proves that the national unification was made in North Korea within a few weeks if the United States did not intervene in the limited expansion war.

○ Under the title of the national-centered perception of the Korean War;

- As a small war shows that it was a unification war, it refers to the Korean War, and clearly shows that it was a unification war.

- The Korean War was the series of “unborn War,” which started in the former war on February 7, 1948, rather than a new war, and it was deemed that only a small war was difficult to achieve unification, and thus, ○○ was an expanded war that expandeded to achieve unification by emphasizing ○ through collective attack.

- The expansion of war often talks, as it is difficult to see that it is a damp war of aggression by North Korea.

- The Korean War for the 6.25 Restriction Extension was purely developed in the situation of dual sovereignty, i.e., the Republic of Korea and the Democratic People's Republic of Joseon Democratic People

- The act of aggression is an act of aggression that the U.S., which is ex officio prior to this, prescribed North Korea as one of the “influences” and tried to attract immediate armed forces. At the time when the 6.25-restricted expansion war that began with the pure internal war ends by the existence of external taxes, the revolutions, and the destruction of anti-public forces, the external fluence of the U.S. would change the main body of the war and the nature of the war would also be converted from pure internal war to the co-Korean war.

- the unification of the nation by the limited force pursued by North Korea as a result of the influence of external duties in South Korea, is infinite. Not only is it necessary, but also the crisis at which the public power will be faced by the external power, rather than by the external power.

- China intervenes in wars at the time of the collapse of North Korea, which is an eliminant. Therefore, China's participation in war was a multilateral defensive nature.

- In relation to the Korean War of 6.25 North Korea, it should be evaluated that it has given consent and support from the dynamic level to the expansion war of North Korea. So, the Soviet Union prescribed it from the beginning, declared the non-continction, and led to the intervention of the war directly.

○ Under the title of the subject of the unification and overcoming the Korean War

- The theory of responsibility for the Kim Il-sung War is merely a flick to our national private peace that should proceed to the unification beyond the division and war.

- The overall efforts for the Korean War shall not be observed because it is limited to the Korean War after the 6.25 expanded War, which is subject to the prior responsibility for the outbreak of war to Kim Il-il.

- can discuss the responsibility issues of the 6.25 expanded War, but it is not scientific to regard the cause of war as the result of the will of the offender or group.

- The origin of the Korean War, based on the theory of social formation, is in the external world, especially the national group led by the United States, focusing on the inherent historical direction of the Joseon pursuing socialist from the time of the piracy.

- In conclusion, the theory of war responsibility for the time of the Korean War and the time of the Korean War from the 6.25 Expansion War to the full-time war cannot be attributed to the United States or to the Kim Il-sung or Nonindicted 7, etc.

○ Under the title of the title "the end of the contract"

- The Korean War was the official armed conflict between the North and the North Korean Peninsula in order to realize it late and the North Korean Peninsula in order to stop it, and the North Korean War was the unification revolution that was immediately the unification revolution, which was the core task of the nation at the time of the piracy, and the establishment of the national unification nation, under the influence of the United States at the time of the piracy. It was the unification revolution. Of course, it was the United States that it was the unification revolution.

The Korean War is a war that started from February 1948, and has the character of the Korean-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-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

The aforementioned expressive materials are produced for the purpose of praiseing, encouraging, promoting, or aiding and abetting the activities of North Korea, which are anti-government organizations with the United States and South Korea, by alleging that the Korean War 6.25 was an anti-government organization with knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, and then distributing them by inserting it in the “economic and social” winter around that time;

2. A. On April 2001, 2001, the ○○○ Council attended a debate on the principal ideas and announced the process of forming and developing the principal ideas at the request of the ○○ Council, and accepted them. At that time, the Defendant’s residence made materials “ how the principal ideas have been formed or developed” and sent them to the ○○ Council of the total students, and on April 23, 2001, attended a debate on the principal ideas held by the ○○ University Cultural Center located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, on the basis of the above materials, and led approximately 150 students and general people to attend a debate on the principal ideas held by the ○ University Cultural Center;

○ emphasizing only the content of the philosophical theory without understanding the socialist construction process of the Republic of Korea, analyzing and criticisming the injection as an analysis philosophical methodology that comes to one of the philosophical principles, etc., is one-area approach, and on the premise that it is important to understand the historical context in which the principal ideology was formed and developed in order to properly understand the injection;

The reason is that the Republic was able to enjoy the right to live in the situation of the collapse of the Dong-gu Socialist System in the early 90s, and that the Republic could have overcome the two parallel periods, such as food and economic difficulties that reached the world, pressure-saving policies of the United States of America, and Kim Il-sung's failure to overcome the two parallel periods.

○ The 6.15 Joint Declaration can be defined as entering the age of unification or the age of unity, but it is analyzing the current situation.

-On the outside, the U.S., after the vice-chief of the right to make corrections, forced the global control order centered on the ethic violence of the new ethicism and yellowland, and re-inform the North Korea's ethic policy paradigm against North Korea.

- argument that, in accordance with internal and subordinate neo-economic policy, state entities lose their ability to mobilize resources by mobilization of resources at the time of the decision-making process of unification, as the basis of the national economy collapses due to the international sale of state enterprises in accordance with their dependent neo-do economic policy;

○ The aforementioned external and internal unification is the present task of the principal ideology and the role of the principal ideology.

- First, through inter-Korean-led initiative, strengthen the internal main route of the issue of the Korean Peninsula;

- Second, there is a need to reject and implement a liquidation campaign against the private sector's forces in terms of the pro-Japanese liquidation of the second class.

- Thirdly, it should aim at internal main lines, not at neutism, but at neutism;

- Fourth, the relationship between the United States and Japan, which is the principal offender of the division and the unification, should not only maintain the independence route.

Fifth, it is emphasized that the core of the principal idea should play a basic path in the era of unity today.

In order to achieve unification with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, the idea of subject should be accepted in order to overcome the external and internal unification situation and achieve unification, which is an anti-government organization, which is an anti-government organization, that is, the activities of North Korea, the self-government organization, that is, the organization of North Korea, the self-government organization, should be able to strengthen the ability of friendly relations between the external and South Korea society, from

B. On May 1, 2001, upon receipt of a request from the General Students' Association for the attendance at the debate on the principal ideology, it was accepted by the request. At that time, the defendant's residence made data "the meaning and background of the North Korean society's autonomous route", and delivered it to the General Students' Association of B/L to B/L. On June 13, 200, the defendant attended the debate on the principal ideology held in the management of B/L University located in the Seongbuk-dong, Seongbuk-gu, Seoul Metropolitan Government on June 13, 200, and demoted about 20 students, general public

Overseas independence lines or internal main lines, which can be called the core of the ○○ principal ideology, have been promoted from the beginning of the regime by enhancing pride and self-esteem of the nation through the National Mobilization Movement in the democratic reform of the naval space. From December 1955, it was regradified in the last strike that occurred in August 1956, and the main lines have been settled at the first session of March 1958 at the conference before and after the end of March 1958.

○ As a result, North Korea obtained the reputation of the country of independence or subject, and became an example to the third world, but the United States and Japan, which was a country subject to the scam, received a serious scam in bad faith from the United States and Japan, which was a country subject to the scam.

The North Korean regime, the ○○-day armed force of anti-Japanese, is the main axis, and the North Korean regime, which is the main axis, was by force in aiding and abetting the internal power and training of the Joseon Society, and was established as the maximum task and implemented almost perfectly.

In addition, North Korea, not just forms the level of liquidation of pro-Japanese relations, was built by the labor party, which is the two columns of the core of North Korea power, and those who directly participate in the anti-Japanese Sea Precaution in the People's Republic of Korea, with the tension composition, which led to a strong foundation of anti-government lines and national sovereignty.

North Korea, as an external war inside the nation called the Korean War of 6.25 War, tried to complete the anti-U.S. self-defense war and unification process that they argued, but at this point, North Korea faced with the crisis of the extinction of the regime that is moving into the United States armed forces whose pathal of the Incheon Coast in October 1950. In this case, North Korea, as the aid of the People's Support Group of the Chinese People's Republic of Korea who participated in the Korean War of 6.25 War, came to know the United States of America for the first time with the help of the People's Support Group of the United States of America who participated in the war.

○ North Korea’s strike for large-scale independence is now ongoing at the present point of time. In the process of the war for large-scale independence, North Korea has gone to string down with the string, and the tradition and physical constitution of a firm autonomous route has been achieved by overcoming the strush. Based on this, it was possible to preserve the socialism in the old-gu socialist state due to the collapse of the socialist system, and it was possible to display the string force even in the old-old armed forces due to extreme economic crisis and food.

Although the economic difficulties and food problems in North Korea in the 90s have occurred, we need to pay attention to the fact that North Korea still maintains its internal and external independence lines.

As the last conclusion part, even though ○ University entered the era of unity after the 6.15 Joint Declaration, as in the discussion of the principal ideology held at the above ○ University, it was analyzed that the external external tax and the anti-national force of the anti-nationalism currently at the center of the U.S. government are blocking this, and it is emphasized that, in order to overcome this, it is necessary to strengthen the internal main line of the Korean Peninsula of the issue of the Korean Peninsula through the inter-Korean Dos and to play a role in the path of the modern era of unity.

After the piracy, North Korea described that it is a government with national unity, and emphasizes the positive aspect of the subject ideology from the perspective of anti-U.S. self-government, thereby asserting the legitimacy of Kim Il-il and the political power that succeeded to it, and encouraging North Korea, an anti-government organization, which is an anti-government organization, to publicize and instigate that North Korea should have the power of pro-Japanese and the South Korean society-friendly ties from the standpoint of the self-government route, in order to achieve unification;

다. 2001. 7. 말경 ▲▲대 총학생회측으로부터 주체사상 토론회에 참석하여 달라는 부탁을 받고 이를 수락한 다음, 그 무렵 피고인의 주거지에서 “주체사상이 이북사회에 미친 영향”이라는 자료를 제작하여 미리 ▲▲대 총학생회측에 전달하여 주고 같은 해 8. 8. ▲▲대학교 전산소에서 개최된 주체사상 토론회에 참석하여 약 100여명의 학생 및 일반인 등을 상대로 위 자료를 토대로 강연하면서,

The Republic of ○ has established the national sovereignty by forming the main axis of the labor party and the People's Government as the power of the anti-Japanese war, and has secured the public interest by completing the revolutional land reform that re-distributions to auxiliary production means together with farmland.

The government of the Republic of ○ asserts that the power core core body is the legitimacy of the power roots, and about 200 representatives of the South Korean People's Congress and 100 representatives elected from South Korea by the presidential election in South Korea, hold a meeting of the entire representatives of the People's Republic of South Korea, thereby establishing the North Korean People's Republic, thereby ensuring the legitimacy of the creation of restrictive or the creation of power, and by obtaining the legitimacy of the exercise of power by carrying out the anti-defensive democratic reform, such as land reform, South and North Korean discrimination legislation, labor legislation, the enactment of labor legislation, and the nationalization of important property.

As alleged in the debate of the above ○○○○○ and Balebbanistist ideology, which began in full-time from the Korean War, maintained and strengthened the external independence route of the principal ideology, while overcoming the serious progress in the process of the 1999, the Republic of Korea was imprisoned, and overcoming it, the last part of the conclusion also emphasizes that the principal ideology should play a role in the unity era, such as the above ○○○ and Balebistanist ideology, in the case of the above ○○ and Balebistanistist ideology.

In order to unify North Korea with knowledge of the fact that it may endanger the existence, safety and free democratic fundamental order by describing North Korea as a government-government organization with national sovereignty and legitimacy, and claiming that North Korea should accept the principal ideology, the activities of North Korea, an anti-government organization, which is an anti-government organization, which participates in the activities of North Korea, that is, in the position of the independent main line, must develop the power of friendly inter-Koreanism and the South

3. On June 15, 2001, the Joint Declaration of South and North Korea promoted headquarters 2001 for the practice of the Joint Declaration of South and North Korea (hereinafter "Promotion Headquarters") was argued to be difficult for Seoul to visit Seoul at the working-level meetings on July 18 through 19, 201, July 31 and 38, 2001, in order to discuss the issue of the above Radern Games, according to the government's position that it is desirable for the Joint Declaration of South and North Korea to hold the event at the same time, but at the same time at the same time, 300 persons from the South and North Korea to the South and North Korea. However, in relation to the place where the Charter of South and North Korea was agreed upon, the Unification Charter of South and North Korea cannot be held at the same time, taking into account the fact that the activation of the private exchange is urgently required.

○ The third charter tower was constructed by North Korea to promote the "three charters for the unification of Korea" (hereinafter referred to as the "three charters").

- On July 8, 1994, North Korea promoted the public announcement of the governing system such as the point of view of the unification leader of Kim Jong-il on and after the death of Kim Il-il in Korea, and actively develops our national security disarmistism by combining three unified routes, such as the South, North, and North Korea’s pro-North Korea’s friendly forces, and the removal of the iron and the National Security Act of the United States Armed Forces in South and North Korea, while on August 4, 1997, in order to utilize it in the instigates for the public relations in South and North Korea, and to build the routes of the unification of the South and North Korea, on August 4, 1997, three unified routes such as the three principles of unification of the South and North Korea (self-government, peace, and national unity)", the 10th Order of the North Korean unification, and the 10th Order of the United Nations unification;

- First, the aforementioned three principles of unification are only the same as autonomy, peace, and national unity, which have been announced in the joint names of the 7.4 South and North Korea, and the substantial content that North Korea arbitrarily interpreted and instigates North Korea to promote and instigate it as its principle of unification.

· The principle of “self-state” must be prior to the United States Armed Forces iron Code and the United States of America’s United States of America’s United States of America

· The principle of "pacece" is a prerequisite for the removal of nuclear weapons in South Korea and the suspension of military training.

· The principle of "national unity" refers to the "Elimination of the National Security Act" and the "Formation of a Common Epirative Cable after the Exposure;"

- Secondly, the term “the Tenth Order of the 10th Order of the United Nations” is the exchange of the strategy of the unification cable to eliminate the South Korean authorities in the unification issue, to prepare the legal space of the anti-government forces, and to form the unification cable;

- Third, the National Security Act and the Rabbbbling Organization is merely a disguised peace for creating a foundation for unification, as a unification plan that proposes the abolition of the National Security Act and the Rabbling Organization, the unity of political parties organizations, the conclusion of the North America Peace Agreement, and the number of iron in the United States Armed Forces in Korea as a preliminary requirement.

The participation of the North Korea in an event held by North Korea before the third charter tower to advertise the third charter containing the above meaning is assessed to support the unification plan of North Korea and is likely to be used for the political propaganda and inciting North Korea;

○ The Ministry of Unification also accepted, on August 13, 2001, a request for permission to leave North Korea made by the head of the promoting headquarters in order to activate private exchanges after giving notice of refusal to leave the Republic of Korea to the head of the promoting headquarters on August 13, 2001, on condition that the holding of the event in the above place cannot be absolutely permitted under the above determination, and on condition

- Subject to the approval of North Korea, three pages, such as prohibition of participation in events related to the third anniversary Charter of the Unification of the Republic of Korea;

- With four standing chairpersons, non-indicted 2, etc. of the above promoting headquarters, the "certificate of commitment" was submitted subject to three conditions, such as participation in events related to the third Charter of the Choun Unification of Korea and prohibition of acting in concert with North Korea's unification plans or political arguments;

- On August 14, 2001, from around 21:00 to 22:00, to the 3th KatoTol Center of the 3th floor Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle, which imposes a burden on inter-Korean relations, such as the imprut

○ Accordingly, Nonindicted Party 2’s Newcomfort

- After the above education, this paper emphasizes again to the participants that this North Korea was approved under the conditions such as the "not to participate in the third charter tower events".

- Not only explained passengers about the approval of the conditional North Korea in the North Korean flight aircraft boarding with the Defendant, but also explanation to passengers;

- In addition, around 16:00 on August 15, 16:00, notified that the three charter towers events should not be participated in the 1st century from the 1st floor of the Bupyeongyang Gonyang Gonyang Gonyang, the first floor after arrival of North Korea;

Defendant, who is well aware of the North Korea, was well aware of the meaning and character of the above three charter towers, and the government sufficiently understood the reasons for prohibiting the exercise in the preceding three charter towers, and had more clearly recognized the prohibition of the exercise in the preceding three charter towers through the above three charter towers through education before North Korea, and there was controversy about the participation in the events in the third charter towers even at Pyang Yangyang account hotel, even though he knew of the fact that the government was aware of the meaning and character of the above three charter towers.

2001. 8. 15. 18:20경 방북단 중 약 150여명과 함께 평양 고려호텔에서 북한측이 미리 준비한 버스를 이용하여 고려호텔을 출발, 19:00경 통일의 거리에서 하차한 다음 그 곳에서부터 3대 헌장탑까지 ◇◇◇과 ◆◆◆ 등의 깃발을 앞세우고 행진하면서 ‘조국통일’, ‘민족자주’ 등을 연호하는 평양 시민들에게 손을 흔들면서 답례하고, 같은 날 19:20경 3대 헌장탑 앞에 도착하여 미리 준비되어 있는 연단 앞 좌측 좌석에 앉은 후 곧바로 시작되어 개막선언, 축하연설, 기념식수, 문화공연 순으로 진행된 대축전 개막식에서,

The vice-chairperson of Nonindicted 4’s Standing Committee of the Preliminary People’s Committee, following Nonindicted 3’s opening declaration of Nonindicted 3, made a speech that “self-help is a national life and may not yield in any case,” and continuously emphasizing Nonindicted 5’s implementation of the U.S. military iron and the 6/15 declaration prior to the expulsion of the chairman of the Gimcheon National Defense Committee, the vice-chairperson of the Preliminary People’s Committee on the Preliminary People’s Republic of Korea expressed the principle of the intention of the unification of our nation’s independence.”

The North Korea, an anti-government organization, which is an anti-government organization, and its members, shall act in concert with the activities of North Korea and its members with the knowledge of the fact that the participation in the events held in the preceding three charter towers established for the purpose of praiseing and promoting the policy of unification of the Republic of Korea, which presented Kim Il-il, would endanger the existence and security of the State or democratic basic order, and thereby endangering the existence and security of the State or democratic basic order;

4. The defendant, who is well aware of North Korea, was formed as a tourism place where the people visiting North Korea, who are the birth of Kim Il-sung, naturally leave in North Korea, and actively utilize it as a place where praises and propagandas about the anti-Japanese armed war of Kim Il-sung and the revolution's activities thereafter, and it is well aware that it is an indivisible relationship that can not be separated from the war, Kim Il-sung, and the idea of Kim Il-sung is an indivisible relationship that can not be separated. In addition, for the unification of peace, it was thought that North Korea should accept the external routes of the principal ideology to attract interference or intervention of the United States in particular, and that the principal ideology should play a role in the path of the unification era.

On August 17, 2001, from around 16:30 to about 40 minutes of Kim Il-il, visiting Mancheon, and hearing explanation of the origin, birth, and achievements of Kim Il-sung from the North Korean leader, according to the guidance, the head of Kim Il-sung and the memorial hall were kept in order, and the table to the table with the records of the records of the records of the records of the records was kept at that place, stating that “I will complete the unification by following the spirit of the police and complete the unification.”

In order to achieve an independent unification as a defendant’s ordinary conviction, the act of North Korea, which is an anti-government organization, which has promoted and instigated that the principal line should be maintained in order to achieve unification while harming the existence and security of the State or democratic basic order with the knowledge of the fact that it may endanger the existence and security of the State or democratic basic order, is committed in concert with the activities of North Korea, which is an anti-government organization, that is, an anti-government organization, with the knowledge of

[205 Highest 7068]

5. 2002. 6. 29.경 제2차 서해교전에 대한 글을 「 ⊙⊙⊙⊙」지에 기고하기로 마음먹고, 그 무렵부터 2002. 8.경까지 서울 중구 중림동 (지번, 동호수 생략) 소재 삼성사이버빌리지아파트 110동 1302호 피고인의 집에서 ‘서해교전과 맹목적 냉전성역의 허구성’이라는 제목의 기고문을 작성한 후, 같은 해 8. 말경 「 ⊙⊙⊙⊙」편집실 담당자에게 이메일로 전송하여 「 ⊙⊙⊙⊙」2002년 가을호(13호)에 게재되도록 하고, 같은 해 9. 24.경 △△대학교 인터넷서버 피고인의 홈페이지 중 ‘짧은 글 모음’란에 위 글을 게재하였는바,

The main contents thereof,

After ○○○ and the 2nd Western Ocean, South Korean society shows the franchisity and polarization of the franchising in the franchising and the franchising of the franchising and the franchising of the franchising. As the franchising of the franchising of the franchising and the franchising of the franchising and the franchising of the franchising and the franchising of the franchising.

It is too clear that the Northern Limit Line is the core area of the territorial sea line or the Military Demarcation Line, which is the core area of the territorial sea or the Military Demarcation Line.

Most of the media and the groups of South Korea, rather than recognizing the violation of this (former Agreement, United Nations Convention on the Law of the Sea, the United Nations Convention on the Law of the Sea). While North Korea implicitly accepted and actually had jurisdiction over the North Korea, as a representative of the Ministry of National Defense in the first century, as in the second parallel of Korea, and South Korea has emerged as the Military Demarcation Line and the Military Demarcation Line is the territorial sea line in accordance with the principles of effectiveness and in accordance with international law.

Unlike the 1950s - the 1970s, the United Nations Law adopted the 12 nautical miles in the 1970s, and the Northern Limit Line or the 5 west Sea area in the 1950s, which was contaminated by the United Nations Law in the 1950s - the 1970s, which can be classified as the territorial sea in the 1970s.

On September 199, North Korea declared the New Maritime Demarcation Line in South Korea, and on March 23, 200, South South Korea declared the five islands traffic order (5 islands traffic order) by allowing the five-lanes in South Korea to pass through the two ways their own set. If North Korea diagnosis of the North Korean Limit Line, which is not a joint point, based on the United Nations Law of the Sea, the United Nations Convention on the Law of the Sea, the United Kingdom of the Republic of Korea, and the international practices of Western, it is reasonable to declare the traffic order of North Korea. In addition, if South Korea establishes the North Korean Limit Line as the territorial sea line, the Maritime Military Demarcation Line, and the Maritime Demarcation Line without permission, it would be the illegal point of one of the two North Koreas.

In 2003, the U.S., which seems to be responsible for taking the war crisis of the Korean Peninsula, finds out a serious concern about the use of the war as the boom by abusing the contingency collisions of the Western Transboundary.

The purpose of this study is not that of North Korea, but that of South Korea. A thorough prior scenarios is to induce the shooting of North Korea due to the preemptive attack. Along with the correct awareness of overcome the coolant, the historical truth of the first Western Island is as follows: (a) the legitimate monthly line of North Korea ( regardless of whether it is planned to show the illegality of the Northwest Line or any contingency arising from the flame) ? The illegal sea infringement regulations of South Korea ? The North Korean line of North Korea was illegally provided, and the North Korean line of North Korea ? The line of North Korea ? The line of North Korea ? the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the line of North Korea - the attack of North Korea e.

Even in the Second Western Ocean, it is considered as if the North Korea’s planned preemptive attack theory was self-written. However, this argument is nothing more than an argument and there is no objective basis. The occurrence and facts of the Second Western Ocean are as follows: (i) the legitimate monthly line ( regardless of whether it is a contingent or planned to show the illegality of the Northwest Limit Line) of North Korean vessels; (ii) the illegal territorial sea infringement regulations in South Korea; and (iii) the blocking of North Korea’s pushed-down type (at least 400 meters of access, but the conflict attack was not reached) ? North Korea’s response to South Korea’s mooring ? North Korea’s escape from North Korea’s distribution.

○ The fundamental elements of the Yellow Sea should also be expressed directly that they are “abundance and illegality” of the Northwest Limit Line;

As above, the Northern Limit Line claims that it was illegally established in the territorial sea of North Korea, and that the declaration of the order of traffic on the five islands in the Yellow Sea is justifiable, and that the Western Limit Line was caused by the illegal north Limit Line, and that it was caused by the attack of the flag that was pushed down in the Republic of Korea;

With the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, the North Korea Limit Line is a non-legal line unilaterally set up by the U.S. forces in the territorial sea of North Korea, and the traffic order of the 5 islands in the Yellow Sea is justifiable, and the North Korea’s activities, which are anti-government organizations, such as North Korea, which are promoting the war crisis of the Korean Peninsula under the leadership of the Republic of Korea and the United States, are carried out by the preemptive attack of South Korea;

6. 2004. 2.경 위 피고인의 집에서 ‘주한미군이 우리 안보를 지켜준다고’라는 제목의 기고문을 작성하여 2004. 3. 1.경 「 ■■■」(도서출판 ‘ ▷▷▷’ 발행)에 게재되도록 하였는바, 그 주요내용은,

○ Under the title of “voluntary know-how”:

- The U.S. stated that us was released from the colonial land of Japan. From the surface of Korea, the U.S. did not keep out of a sett in the shipbuilding land for the damage of Joseon. Before the tidal wave, the Soviet was her draft in order to remove Japan's dong-gun from the Joseon land, and tried directly to punish Japan's Gun and combat Japan's Gun and combat.

- If the U.S. led, the question was asked whether the Korean War 6.25 was in progress, and the war was not occurred. This kind of unification war would be the cause of the 6.25 war. The 6.25 war would soon be the cause of the 6.25 war.

- The Korean War was, at that time, a foreign military force was transferred to the Korean Peninsula, and the North Korean leader was tried by the North Korean leader. If the United States did not intervene before the war, the war was not caused by the war that was actually done within one month and was actually undergone by us, and the unification was achieved.

- If the U.S. does not intervene, the entire South and North Korea has become co-industrialized. At the time, Joseon people have much better attention than the capitalism. If there is no intervention of external taxes called the U.S. and Soviet Union in the naval space, the unification of the whole South and North Koreas in the Joseon society was the foundation of our history.

○ under the title of the “U.S. Armed Forces inevitable”:

- The U.S. leading of the war since the 1990s is 6/8 of the U.S. armed forces' leading ratio of the war crisis of the Korean Peninsula since the 1990s. However, the probability of leading the war crisis between South and North Korea is 1/8 of each period, and North Korea's leading of the war crisis is false. Rather, North Korea's leading of the war crisis of the Korean Peninsula is not North Korea, but the U.S. and usfk.

- The heat theory of South Korea in which the Ministry of National Defense and the extreme newspapers are drinking is nothing more than that of North Korea, but rather the South Korean military has a condition that South Korea is more likely than that of North Korea.

- I would see the constitution of the theory of balance between the forces of East Asia. The gap between power means the balance of the military force between South Korea, Japan, the United States, and the North Korea, China, and Russia, which are the maritime power. However, the military expenses refer to USD 400 million in the United States, USD 50 billion in the Republic of Korea, USD 2 in the world, and USD 460 billion in the Republic of Korea, USD 16 billion in the Republic of Korea, and USD 460 billion in the Republic of Korea. In comparison, the period between China and China is between USD 25 billion in the Republic of Korea and USD 25 billion in the Russia, USD 200 to 25 billion in the Republic of Korea, and North Korea 1.5 billion in the Republic of Korea, the continental force is not even small to 60 billion in the Republic of Korea.

○ Under the title of “political persons visiting the United States Armed Forces”:

- The U.S., presumed to have exceeded 100 trillion won, imposed robberys in the form of “the total cost burden on the Korean side.” Our main administration was the co-offender who helps the robbery. Under this circumstance, the U.S. completely completed the usfk, and the U.S. should protect the existence of independent and equal relationship with the U.S. as a sovereign state, and realize the noble 6/15 Joint Declaration, thereby maintaining the peace and unification of the nation. The State is bound to be a citizen and a public society of Korea. The Korean liquor or liquor buried in the Voluntary Nogianism cannot be expected to be expected to be the government of labor free on the basis of the Republic of Korea and the government of labor free on the part of the Republic of Korea. However, whether it is not a way to tow or enforce it?

As above, the Republic of Korea is not the United States but the Republic of Korea, and since the United States led to the division of the Korean Peninsula, the 6/25 war occurred. The 6/25 war was the unification war that the North Korean leader attempted before the Korean War, and if the United States did not intervene, the South and North Korea should be disconvened within one month after the war was terminated, and this should be dismissed because the Republic of Korea, not North Korea, was the main offender of the war crisis of the Korean Peninsula.

With the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, it is an anti-government organization, which is an anti-government organization, that is, the organization of North Korea, which is a anti-government organization, and has promoted the war crisis by stipulating that the 6.25 War is an anti-state war, and is responsible for the division of the Korean Peninsula and the 6.25 War in the United States, the nationalism, and that the existence of the usfk in Korea is against the independence of the Korean nation, thereby promoting the war crisis.

7. Around March 16, 2005, at the above defendant's office, a flag adviser called "a clearly stating who is the main name," was prepared to be posted on the Internet newspaper on the same day. The main contents are as follows:

The flag liquors in this land, which mostly occupy high-ranking positions such as the military department, government officials, media, politics, science, economy, etc., have been doing so more and more as in the United States than in Japan than in Japan, after Japanese colonial rule 35 years, the Japanese colonial rule 60 years, the Japanese colonial rule 100 years, and the Japanese colonial rule 60 years, and the Japanese colonial rule 100 years, and more than in the United States. They seem to have been completely infected with the Japanese colonial rule, without awareness of the fact that they are under the colonial rule.

○ It is not permissible for our people who were forced to make a subdivision and war by the external appearance of the U.S. led to another U.S.A., and thus, it is not possible for the U.S. to win this path.On the other hand, the U.S., which caused the nuclear problem near 75% of the Geneva Agreement, flicking our nation into a war with the intention of a war, and flicking our nation into a dead-end sacrife with the intention of a war.

The ○○ Twittan is a direct attack that takes place in line with MD. In the future, the main book is the United States of America, which is why is why is? The war main crime that causes a war in the Korean Peninsula and seeks to kill our nation is our main state, and is the U.S. Pestest country.

From 1953 to 1989, the period of the cooling War was three times in the Korean Peninsula. The 68-year War incident was the U.S. Sponse Flobb, the 69-year U.S. S. Sspacks case, and the 76-year Muboms case. In the 76-year period, the b-52 was immediately prior to the date of the nuclear war to the point of approaching the Korean Peninsula and approaching the surrounding the Korean Peninsula. Although the 68-year emergency was crisis, only the U.S. could make a final decision on war, it was not developed to the war crisis.

Since 190, 190, the time of the defriger War, in the Korean Peninsula, there has been a war crisis of hhhh in the Korean Peninsula. The war crisis of 191-120th 1992, including the reference to the combat scenario and the UN Bate operations by the Minister of National Defense in June 1994, the 2nd nuclear crisis of 1994, the 2nd nuclear crisis of 1998-1999, which was a punishment for the nuclear war movement of 98, the 1999, the 2nd nuclear crisis of 1999, the 999, the first armed conflict by the first regular armed force after the 2002, the bad faith war of 2002, the 202nd nuclear crisis of 202, and the present war crisis of 30th century, and the present war crisis of 202.

As such, the war crisis of the Korean Peninsula has occurred until now since it was closed, and the war crisis has occurred due to the mistake between South and North Korea. The remaining nine times have been led by both the United States and the United States. The war main offenders of this land are not South and North Korea, but the United States.

○○ 2004 National Defense00 sets forth that the U.S. military force 690,000 U.S. forces, 160 ships, 160 ships, and 2,000 aircrafts will be inputs in the event of the dispute on the Korean Peninsula. Nonindicted 6 is in a shape that sees the Korean people’s demand, and it is an unreasonable and unfair story. The need for us to file a petition would prevent the U.S.’s interference with the efforts of the U.S. to move toward peace and unification, not the military force of the United States of America, which

○ North Korea is not a principal offender of war on the Korean Peninsula or a principal offender of the United States, but a principal offender of the United States.

It is necessary to see the structure that has been announced in a central and high-level manner, such as the Korea-U.S.A. command system that inevitably creates strategic flexibility of the U.S. Armed Forces in Korea, but it is necessary to us to work. All us must expand the U.S.-speed high-speed and high-speed as a real owner of this land from the military area to the social area before starting from the military area.

As above, the Republic of Korea is under the control of the Franchis of the United States, and the subdivision and war of the Korean Peninsula have been forced by the United States, and the United States brings our nation into the crisis of war due to the cause of North nuclear crisis, and the United States claims that the Republic of Korea is the state of the Republic of Korea.

With knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, the South-North Korea's activities, which are anti-government organizations, which are anti-government organizations, which promote the war crisis of the Korean Peninsula and encourage the U.S. to kill our nation, as it has lost independence as an anti-U.S. citizens' consciousness, and thus, the South-North Korea's activities, which are anti-government organizations, which promote and instigate the anti-U.S. government-state-state-state power to break out in the Korean Peninsula;

8. 2005. 6. 30. 19:30경 인천 중구 답동 3가 소재 ☆☆☆ 회관 (호수 생략)에서 개최된 ▶▶▶ 주최 ‘한국전쟁의 역사적 재조명과 맥아더의 재평가’ 토론회에서 주제발표를 맡아 “6·25 전쟁은 통일전쟁으로 분단 때문에 일어났기에 분단을 주도한 원흉인 미국이야말로 6·25 전쟁의 원인제공자이고, 미국이 개입하지 않았다면 한국전쟁에서 최소한 400만명 이상의 사상자가 발생하지 않았을 것이며, 생명은인론을 주장하는 사람들은 통일 이후 숙청대상이었으나 미국으로부터 목숨을 구한 친일민족반역자에 불과하다. 맥아더의 본색을 알면 당장 맥아더 동상을 부숴야 한다.”라는 등으로 주장하고,

On July 26, 2005, the Defendant made an adviser on July 26, 2005, who is called 'Macer' in the Defendant's residence, and around that time, made the Internet newspaper to be posted on the Do governor of the Internet. The main contents are as follows:

○ Under the title of “38 Madryer’s execution of the 38 line subdivisions,” the following:

- The Korean Peninsula does not have been divided for a long time since the unification of the 936 consideration. At least 50 years when the usfk emigrates to Pyeongtaek, the division would be at least 110 years, as the us would stay.

- The 38th line, which is an assistance to this national vision, had already been planning in July 45 by the United States, and the final confirmation was confirmed by Non-Indicted 9, on August 11, 198, as a map in the Chinese territory of the United States. The 11st day of this decision was determined by the mid-term Non-Indicted 9 as a map in the Chinese territory of the United States. The party to whom this decision was executed is the beer and the party to whom this decision was immediately executed. The 38th day of August, which was declared by the General Order No. 1 and declared by the General Order No. 38th day of August, 15, 2009.

○ Under the title of “the Commander of the Armed Forces, such as the Republic of Korea,” :

- (In each presentation of the advisers of the U.S. Army and Soviet Army) Nonindicted 10 of the Soviet Army Commander who occupied the North Korea, using a slovas pattern such as a slovas General colon of the colonial area, is the difference between the slovas and the ground.

- During the three-year period of occupation, the south-west, where the U.S. forces directly engage in military rule-making, a large number of resistance disputes, such as the People's Defense dispute in 1946, Daegu 10, 1946, the No. 43 disputes, and the No. 1948, and the war and riot, such as the anti-state dispute and the anti-state war, were the series of war and war and riot. As a result, from June 25, 1950, there was a sacrifice of 100,000 won from the war immediately before the Korean War. It was the series of small-scale war.

- On the other hand, North Korea, which implemented indirect occupation-related policy and self-government government by Joseonians, led to stability without confusion and settlement of friendship and large social and economic reform, which was extremely large compared to South Korea.

○ Under the title of “the branch of a subdivision and the guardian of the head of the North Asia”:

- It is too clear that the head who led and forced the division of the Korean Peninsula is the United States. From the geographical division of 38 lines, the political division of 5/10 lines, etc. was directed and forced from the geographical division of 38 lines to the ideological division of the trust strike consent, and the political division of 5/10 lines.

- The loans of the political and government-friendly forces, who are the domestic defense forces in the division, were Nonindicted 7. Notwithstanding the opposition to the State sovereignty of the United States, Nonindicted 7 made a critical contribution to Nonindicted 11 or other people in the military base to move back Nonindicted 7 to Korea and the creation of heroop. Furthermore, it was found in the form of a war that seeks to go back to the Republic of Korea by expanding this cable from June 25 to the Chinese War in the form of a war that seeks to go off to the large scale of 11 or other people.

○ Under the title of “dypboards on which a person attempting to end the Korean Peninsula with 26 primary coal is on board who is a person who is a person of life:

- If the United States did not intervene in the unification of South Korea, the war was completed within one month, and there were many casualties, and less than 10,000 South and North Korea. It means that approximately 3,90,000 died as a result of the intervention of the United States.

○ Under the title of “the life of a civilian person for school life”:

- The civilian death in the United States was inevitable during combat action with the enemy, or was not a case due to a friendly and personal mistake or a simple judgment error.

- The ultimate responsibility for Non-Indicted 7 Government's private school life, which occurred during his term of office, is also his share.

○ Under the title of “the head of a subdivision or war who is the leader of a subdivision or war shall be the head of a dubed force adjacent to the person in charge of the division or war.”

- 6·25 전쟁은 통일전쟁이면서 동시에 내전이었다. 곧 당시 외국군이 한반도에 없었기에 집안싸움이었다. 곧 후삼국시대 견훤과 궁예, 왕건 등이 모두 삼한통일의 대의를 위해 서로 전쟁을 했듯이 북한의 지도부가 시도한 통일전쟁이었다. 이 같은 성격의 집안싸움인 통일내전에 외세인 미국이 사흘만에 개입해 전쟁주체가 된 셈이다. 만약 집안싸움인 이 통일내전에 미국이 개입하지 않았다면 전쟁은 한달 이내 끝났을 테고, 물론 우리가 실제 겪었던 그런 살상과 파괴라는 비극은 없었을 것이다.

- At the time of the Maerer’s inspection of Korean electric wires 27 days, the draft of the unification war between South and North Korea, and the Government of the United States of America, demanding intervention from the Government of the United States of America, and immediately, the war mine of the Republic of Korea, which was a fluent war

In conclusion, in the absence of the state-state intervention in the U.S., the existence of the U.S. at the end is against us, as well as us, continuing the war crisis of the Korean Peninsula that has been maintained today, such as the stimulation, nitrogen, war, and the war crisis theory in the past six months, and is a main offender who has been brued and has been brued.

- Considering that many casualties and destruction have occurred before the expansion of 6.25 times in extreme aquatic life, the United States is not the person who lives but the person who takes the life. Such historical distortions should be considered as the person, and that the Maternist loan must be completely discarded in line with the era of the unification before the ethrhetoric ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic e.g.

As above, the south side of the U.S., which was a direct military rule as a occupied group, had continued to cause confusion due to the war against the opposite party, and caused the lack of legitimacy due to land reform and pro-Japanese liquidation, on the other hand, it is positively assessed that the North Korean Peninsula, which was an indirect rule as a naval group, was performed without confusion, and since the U.S. led by the U.S., the Korean Peninsula was divided into the Korean Peninsula, the Korean War was occurred. The Korean War was the unification war that was attempted by the North Korean leader, and if the U.S. did not intervene as a nationalism, it was argued that the damage was minimized within one month, and that only several millions were killed due to the war mine that was Mara.

With knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, the United States Armed Forces is a king of the anti-stateism which has prevented our nation and has undermined independence, while the Soviet Military Forces is a military force that has assisted in the anti-stateism of our nation, and the South-North Korea, following Japanese colonialism, has never been transferred to the colonial public, but the North Korea, which was successful in the land reform and the liquidation of friendly relationship with the North Korea before the piracy, is a friendly regime, and the Korean War is the 6/25 War, which is a nationalism, is responsible for the division of the Korean Peninsula and the 6/25 War in the United States, which is a nationalism, and that the existence of the United States Armed Forces in Korea, has promoted the war crisis, which is promoting the independence of our nation, and therefore, has led to the activities of an anti-state organization, which is an anti-state organization inciting North Korea, which is an anti-state organization.

Summary of Evidence

Facts set forth in paragraphs 1 through 4 of the Judgment (2001 Highest 9724)

1. Partial statement of the defendant;

1. Statements made by the accused in the first to third instances, sixth instances, and eighth public trial records;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Copy of each protocol of examination of the witness against Nonindicted 12, 13, and 14

1. Police seizure records;

1. Each debate material (from 847 to 855 pages, from 946 to 956 pages, from 1123 to 1129 pages);

1. Korean War and the unification of the nation (it shall be from 1160 pages to 1177 pages of investigation records);

1. Each investigation report (the number of contents included in the unification news related to the exercise of 8/15, 778 pages, 825 pages of the investigation records);

1. A criminal investigation report (Internet data search, investigation records 2914 pages);

1. A report on investigation (North Korean CentralTV Data, and 2924 pages of investigation records);

1. Investigation report (Influorite, 3205 pages of investigation records);

[Judgment] Nos. 5 through 8 (2005 Highest 7068)

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Maerger's knowledge (from 267 to 273 pages of an investigation record), whether the chief of the Uniform War is at issue (from 286 to 289 pages), whether the chief of the Uniform War is at issue (from 286 to 289 pages), whether the United States Armed Forces safeguard Korea's security? (from 721 to 726 pages), whether the socialist forms are not unified ( from 803 pages, 804 up to 858 pages), and its main books are the United States (from 1153 to 1157 pages), the national life rights and unification (from 1983 to 2011 pages), 6,25 pencs, and 253 pages (from 2170 to 2183 pages).

1. From 40 to 414, 276 to 273, 286 to 273, 30, 278, 276 to 246, 38, 283, 278, 278, 366, 36, 300, 278, 278, 366, 300, 278, 366, 306, 285, 366, 306, 306, 306, 296, 306, 306, 306, 206, 306, 306, 306, 306, 306, 305, 206, 303,000,000,000,000

1. Korean War (Investigative Records 416 to 427 pages; hereinafter referred to as the “Investigation Record 416 to 427 pages”); Record of Domination of Korean War (from 428 to 440 pages); Record of Domination of Korean War (767 pages); uniform bulletin articles (from 793 to 795 pages); New Research (from 1953 to 1980 pages) of Korean War History; North Korea’s South Strategy Treaty (from 2297 to 233 pages); North Korea’s policies for peace prosperity (from 236 to 2361 pages); national defense white (from 2412 to 2591 pages); North Korea’s 50 history (from 2867 to 3017 pages); North Korea’s 3004 to 3960, North Korea’s 1946 legal nature of the dispute; and

1. Each photograph (from 2701 to 2706 pages of investigation records);

Application of Statutes

1. Article applicable to criminal facts;

Article 7(5) and (1) of the National Security Act (the production and distribution of pro-enemy materials at the time of sale)

Article 7 (1) of the National Security Act (the point of such Article as to the activities of anti-government organizations of paragraphs (2) through (8) above)

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Concurrent imposition of suspension of qualifications;

Article 14 of the National Security Act

1. Calculation of days of detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Defendant and Reasons for sentencing

1. (1) The Constitution of the Republic of Korea guarantees the freedom of study and expression as the fundamental rights of the people. The freedom of study, which is an internal subject matter of law, is absolutely guaranteed, but the protection of the freedom of expression in external activities of research results is relative and it is possible to limit a certain extent. Article 37(2) of the Constitution of the Republic of Korea provides that all freedom and rights of the people may be restricted by law only when necessary for national security, social order, and public welfare, and that restriction may not infringe on the essential contents of freedom and rights, thereby prescribing the possibility and limitations of restricting freedom of study and freedom of expression.

Meanwhile, Article 7(1) and (5) of the National Security Act added “the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order” as a subjective element through the decision of the Constitutional Court of April 2, 1990 by the Constitutional Court of Korea (Act No. 4373 of May 31, 191) and the amendment of the Act (Act No. 4373 of May 31, 1991. In light of such decision of the Constitutional Court and the purport of the amendment, in order not to infringe on the fundamental contents of the freedom of learning, the freedom of expression, and the essential contents of the freedom of expression, Article 7(1) and (5) of the National Security Act should be interpreted only where there is a risk of substantial harm to the national existence and security of the State and the free democratic fundamental order.

(2) Examining the Defendant’s arguments revealed in the above criminal facts, if the U.S. does not intervene at the time of the piracy, the entire Korean Peninsula is historically inevitable, and North Korea has a dynamic spirit, and such North Korea attempted national unification through the Korean War, which was unlawful in the U.S. before the Korean War, and thus North Korea failed to achieve national unification. South Korea has no national identity from the starting point of Korea, and is currently under the control of the new consciousness of the U.S..., and in order to achieve national unification, it should be the path of national unification by accepting the internal and external routes of the principal ideology and the ideology of the principal subject to national unification, and the subject leading to this unification is bound to be a citizen-public society.

On the other hand, the defendant, in the absence of the intervention of the United States, assumes that the Korean War would be less than 10,000 victims and completed the War within one month. The other result of the above trend would result in the achievement of the hostile unification by North Korea in the absence of the United Nations Armed Forces in the United Nations, including the United States, and the present Republic of Korea could not exist. However, the defendant's assertion that such result is more justifiable. The defendant's assertion clearly denies the existence and territorial continuity of the Republic of Korea over 1948 (the defendant's assertion that the above result is right and wrong and that the defendant's assertion of legitimacy of the above result is the share to be determined by his own, and that the defendant did not assert the legitimacy of the above result. However, it is clear that the defendant argued that the United States of America's participation was defined as an unlawful invasion, and that the result that the United States would have occurred without the participation of the United States was based solely on the rapid end of the war and the victims less than the victim's common election.)

In addition, in order to achieve national unification while the U.S. forces the division and war of the Korean Peninsula, and the present Korean society is under the control of the new colonial region of the U.S., the defendant concludes that the subject of the unification of the federal system is a citizen and a public-private society by accepting the internal and external main routes of the subject ideology in order to achieve national unification. However, the defendant's assertion is considered to be an active and aggressive assertion that it is against the colonial rule and economic invasion by the subject ideology, against the non-permanent colonial rule and the liquidation and economic invasion by the South Korean regime, against the suppression of the suppression of the North Korean regime in South Korea, and against the removal of the National Security Act, it is determined that the defendant's assertion constitutes an active and aggressive argument that helps North Korea, which instigatess the development of autonomous unification by organizing and mobilization of the force of the public.

In addition to the Defendant’s overall assertion as above, the Defendant expressed the above assertion through a magazine, a popular assembly, an Internet medium, etc., and expressed the Republic of Korea or the United States as “illegal entry,” “illegal occupation,” “illegal occupation,” “illegality and violation,” “patch,” “fatch,” “Korean war mine,” “main place,” and “school life manager,” etc., taking into account the following factors: (a) the Defendant expressed the above assertion in North Korea as “national unity,” “justifiable monthly

The above arguments by the defendant cannot be viewed as having been a tool to attract a frigerent and rational academic discussion from the viewpoint of scholars in the contents or the method of expression, and it is judged that the defendant made a frigerent or pro-friendly argument in North Korea by the stimulative and inciting methods.

Ultimately, the defendant's act and assertion indicated in the crime of this case are considered to be active and aggressive with a risk of substantial harm to the existence and security of the Republic of Korea or democratic fundamental order, and the defendant was also aware of such fact in light of the defendant's ordinary character and behavior, power, academic background and knowledge, occupation, etc.

2. Examining the sentencing, it is necessary to make a strict judicial judgment on the following grounds: (a) the university professor Defendant was detained for violating the National Security Act in 2001 and was released as bail and continued to repeat the same and similar arguments as the facts charged after being released as bail in a more extreme manner; and (b) in this court, it is also necessary to make a strict judicial judgment on the following grounds.

However, the first function of the defendant's aforementioned assertion is to maintain the existence and security of the nation and democratic fundamental order, and to correct harm and injury in a democratic society, and the state's intervention should be limited to cases where the harm and injury are too serious if our society is unable to resolve harm and injury by other ideas or expressions, or is waiting for other ideas or expressions. However, the wide range of expression that can be widely used in the development of democracy and systematic competition is broad, and if we examine and verify the defendant's assertion in the competition market of sound ideas, it is highly likely to correct such harm and injury, while the defendant's assertion that the defendant's act and basic order of free democracy is relatively less likely to be harmed due to the defendant's assertion that there is no possibility that the defendant's act would be in danger to the existence and security of the nation and democratic fundamental order of the nation, and the fact that the defendant's assertion that there is no possibility that the defendant's opinion in the process of expressing his health will be more criticized than that of the past.

Judges Kim Jong-soo

arrow