Defendant

Lee Jae-won (Public prosecution) and Lee Jae-sung (public trial)

Attorney Lee Chang-soo et al.

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

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

Of the facts charged in the instant case, the violation of the National Security Act by Nonindicted 1’s visit and expression of resolution on August 11, 1995 (the Nonindicted Party in the judgment of the Supreme Court) was committed on August 12, 1995; the violation of the National Security Act by means of the entry in the visitors’ book at the time of visit to the Geumsan Memorial Hall on August 12, 1995; the violation of the National Security Act by visiting and speaking at the time of call on August 12, 1995 (praise, rubber, etc.); the violation of the National Security Act by attending and speaking at a prior event at the time of the national unification festival on August 14, 1995 (praise, rubber, etc.); and the violation of the National Security Act by speaking and speaking at the time of conference on September 5, 195.

1. The defendant's identity and his relation with non-indicted 1

On August 24, 1992, the defendant was sentenced to one year of imprisonment with prison labor by the Seoul Criminal District Court for the obstruction of performance of official duties.

The Defendant, on January 192, at the end of July, 1991, had an opportunity to pay attention to the life of the long-term number of the long-term number of the long-term period of the long-term period of the long-term of the long-term of the long-term of the long-term of the long-term of the long-term of the long-term of the long-term of the long-term of the long-term of the long-term of the long-term of the long-term of the long-term of the living that was difficult for the elderly at the time, etc., and, on November 1, 1991, had been able to work at the △△△△ City located in the (location omitted) in the Kim Sea, operated by Nonindicted 3, a person who was in charge of the long-term of the long-term operation of the △△△△ City, which was located in Nonindicted

On May 192, 192, the Defendant was detained on the charge of having inflicted an injury on a police officer, who was on the charge of attempting to enter by driving a van on Nonindicted Party 1, etc., on the wall of “The seventh South-North Korean summit” held at the Seoul New Hotel, and the Defendant was sentenced to the above punishment on July 1993, and the execution of the sentence was completed. On March 3, 1993, the above Nonindicted Party 1 sent back to North Korea.

2. Circumstances leading to the stay in Germany before North Korea;

After release, the Defendant received a gift sent from North Korea on February 1995 under the name of Non-Indicted 6, who had been working as a member of the Korean Anti-National Association of De-Korean Unification (hereinafter referred to as the "National Association") as a member of the European Headquarters of the Republic of Korea, on the grounds that Non-Indicted 1 wanted to visit the Defendant, while the Defendant left the Republic of Korea on November 1, 1993 and stayed in the business of Non-Indicted 5.

After receipt of the above lag, the Defendant consulted to visit North Korea via Germany through telephone conversations with Nonindicted 6, and came to Germany around March 1995, entered Germany. After receiving the said lag, the Defendant stayed in the residence of Nonindicted 6 and the office of the office of the headquarters of the Republic of Korea located in francur, with the assistance of the aforementioned Nonindicted 6 and other staff members of the headquarters of the Republic of Korea, and stayed in the office of the headquarters of the Republic of Korea located in francur by August 195.

3. An anti-government organization in North Korea.

The North Korean public organization is an anti-government organization organized for the purpose of joining the Government and disturbing the State. Based on the Madm-Emarism theory, which is the socialist regime theory, and the modified Kim Il-Imology, human history is the history of exploitation and suppression of the control class, which owns production means, and the decentralization of the Korean Peninsula should be understood as a product in accordance with the U.S. Constitution's decentralization policy. North Korea's regime is an independent and democratic regime that has the nation's historical and democratic prosperity in which the people build a society with the lead of such an anti-government organization, and has all kinds of anti-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-state-state-state-state-state-state-state-state-oriented.

In addition, on December 13, 1991, the South and North Korean Basic Agreement was adopted at the high level conference of the South and North Korea. On June 15, 2000 and October 4, 2007, the South and North Korean Joint Declaration was announced, and the South and North Korea actively exchanges and cooperates in various fields, such as politics, economy, society, culture, etc. between South and North Korea as well as the South and North Korean separated families' salaries were held on two occasions on June 15, 200 and October 4, 2007. After the South and North Korea's Joint Declaration was announced, North Korea continues to launch the outer world on 1, 2006 and to launch the outer world on 3, 2016.20 on 1, 2006, on 201, on 201, on 201, on 201, on 201, on 3,016.206.

4. Specific facts constituting a crime;

(a) Meetings with the official writers belonging to the unified cable department before visiting North Korea;

(1) The entity of the North Korean Uniform Electric Unit

On January 1, 1978, North Korea newly established the Uniform Electric Cable Register (hereinafter referred to as the "Joint Department") as an institution under the control of the Steering Labor Department in addition to the "Intermediate Book" and the "Investigative Department", which is a department in charge of the existing projects in South Korea, according to the Kim Il-sung's instruction.

The whole of the Tong and Dong-gu Act is an important department that has reduced all functions and roles of the headquarters in the whole of Tong and South Korea, such as the formation of the unification cable in the Republic of Korea, the public announcement of the formation of the unification cable in the Republic of Korea, the analysis of the gathering of information from the Republic of Korea, the establishment of various overseas organizations and the guidance and fostering of the unification and exchange of South and North Korea, as well as the establishment of various policies related to the South and North Korean summits and the establishment of information and the development of disguised public works through the representatives of the South and North Korean summits, and in particular, the "UP unification Secretariat of Korea" under the Tong and Dong-gu Act is an important organization that has accumulated all functions and roles of the headquarters, and is taking full charge of research, implementation, water distribution, information collection, etc. related to the unification.

(2) the entity of Non-Indicted 2 of the public artist in full.

Non-Indicted 2 is a public official belonging to the entire part of North Korea, who was assigned to the North Korean Department 2, in the end of September 1994 or on October 194, 1994 by the first police officer of North Korea, and has been in charge of the duties of contact and management of propagation, students from the beginning to January 1, 199, and the last North Korean organization. Specifically, the North Korean government is a member of the North Korean government who has directed the North Korean government to engage in the North Korean public works in the North Korean region by ascertaining the trends of the North Korean government at the time of residence and the North Korean government and by adjusting the trends of the North Korean government such as Germany, the North Korean military personnel, and the Korea Civil Service Center.

(3) Consultation with Nonindicted Party 2 on the North Korea’s schedule

The defendant was staying in the dwelling of Non-Indicted 6 in Germany, for 2 to 3 days, and was moving to the office of office of the Exemplary European Headquarters, and was introduced by Non-Indicted 7 and other members of the Exemplary European Headquarters of the Republic of Korea. After that, while resolving board and lodging in the office of the Exemplary European Headquarters, the above non-Indicted 2 was sent to the above non-Indicted 2 who introduced himself as the "the member of the Exemplary North Korean interest representative in Vietnam" in the office of the Exemplary European Headquarters of the Republic of Korea, and explained the defendant's position on the reason that the defendant want to be released from North Korea, his relation with Non-Indicted 1, etc., and explained the defendant's position, the above non-Indicted 2 suggested that he was aware of the defendant's visit to North Korea.

In the latter, the Defendant again called “to visit North Korea before and after August 10, 1995,” from the above office of the Korea Civil Service, Nonindicted 2, who had found the office of the Korea Civil Service (Nonindicted 2) on August 195, 195, called “I will visit North Korea and prepare to find out the necessary airline tickets, etc.,” and received from Nonindicted 2, who had discovered the office of the Korea Civil Service European Headquarters on August 1995, the contact and the method of entry into North Korea at the North Korean border, and “I will leave North Korea upon receipt of his guidance, if I will leave North Korea” and “I would go to know the North Korean office after the release, if I would go to know the schedule of North Korea” from North Korea.

Accordingly, the defendant meets with the non-indicted 2, who is an anti-government organization, with the knowledge that it may endanger the existence and security of the State or democratic fundamental order.

(b) Escape;

As stated in paragraph (2), the Defendant planned to leave North Korea for Nonindicted Party 1’s visit and stayed in Germany on March 1995. Nonindicted Party 1 was arrested at the time of the Korean War, and returned to North Korea for a long time without accompanying arrest. After release, the Defendant was also aware of the fact that he was being treated as “Decree” by the North Korean authority and was used for the propaganda of the system and the attack against South and North Korea. Accordingly, the Defendant was aware that Nonindicted Party 1 visited North Korea and was likely to be used for the propaganda of the North Korean authority.

또한, 해방 50주년을 맞아 북한은 1995. 초부터 같은 해 8. ‘조국해방 50돐 민족통일대축전(이하 민족통일대축전)’를 개최하려는 계획을 수립하고 있었으며 위 행사의 일환으로 해외 종북단체·인물들을 초청하는 등 준비를 진행하고 있었고, 피고인도 1995. 3. 중순경부터「범민련 유럽본부」사무실에 체류하면서 위「범민련 유럽본부」조직원 및 위 공소외 2와의 대화, ‘민족통일대축전’ 관련 소식을 전하는「범민련 유럽본부」기관지 ‘조국은 하나’ 기사 등을 통해 ‘민족통일대축전’ 행사가 개최될 예정이라는 사실 및「범민련 유럽본부」가 그에 참가하기 위한 준비를 진행하고 있다는 사실을 알고 있었고, 이미 1989. 공소외 8, 1991. 공소외 9 전대협 소속 대학생들이 8.15를 즈음한 시점에 북한을 방문하여 북한 당국이 주도하는 각종 군중 집회에 참석함으로써 북한의 체제 선전 및 대남 비방에 이용되었다는 사실을 알고 있었으므로, 위 ‘민족통일대축전’이 개최되는 시기에 북한을 방문할 경우 그 이전의 방북 인사들의 사례와 마찬가지로 체제 선전 등에 활용될 가능성이 높다는 사실을 알고 있었다.

Nevertheless, as described in the above A. (3), the Defendant heard from Nonindicted 2 the explanation of the method, route, etc. of entering North Korea, and as a result, went through the German Franct Airport around August 5, 1995 and going through the Japanese Nauri Airport on the 6th day of the same month, and went in the hotel located in North Korean border, and went in the hotel located in North Korean border. On the 10th day of the same month with the aid of the staff of the North Korean Embassy, the Defendant started from the North Korean Embassy in the name of North Korean Embassy and arrived at the Gyangyangan Airport in consideration of the flight.

Accordingly, the defendant, knowing that it may endanger the existence and security of the State or democratic fundamental order, has escaped to an area under the control of anti-government organizations.

(c) the same Article;

(1) Constitutionalization of Kim Il-sung, at the time of the resolution of the participants at the national unification festival;

On August 12, 1995, the Defendant appeared together with the Chairperson (hereinafter the same shall apply to the position at the time) 10, Nonindicted 11, and Nonindicted 13 Vice-Chairperson of the Central Standing Council of the Korean People's Republic of Korea, the Vice-Chairperson of the Korean People's Republic of Korea, and the Vice-Chairperson of the Korean People's Republic of Korea, etc. at the time of the "Resolution on the Persons who Participated at the Korean Unification World."

In the above resolution conference, the Defendant adopted a resolution with the following contents: (a) the Defendant, along with other participants in the meeting, tried in front of the Kim Il-dong, which is in front of the 90-year Kim Il-sik, to add the phrase “compacted Kim Il-sung with the intention of the nation,” and (b) the phrase “Wing Kim Il-sung, who is in front of the 190-year unification, is pro-enemy,” and (c) together with other participants accompanying the meeting, adopted a resolution with the following purport: (a) the Defendant: (a) the Defendant raised a harmony in which “Wing Kim Il-sung,” and “Wing Kim Il-sung, who is in

Accordingly, the defendant, knowing that it may endanger the existence and security of the State or democratic fundamental order, has aided the activities of North Korea, which is an anti-government organization.

(b) Warmening in the Geumsan Memorial Hall; and

On the same day, the defendant kept Kim Il-sung's body, and the North Korean regime visited Kim Il-sung, which was used to promote Kim Il-il's Kim and Kim Jong-il's father, and transferred the body of Kim Il-sung's body to North Koreans.

Accordingly, the defendant, knowing that it may endanger the existence and security of the State or democratic fundamental order, has aided the activities of North Korea, which is an anti-government organization.

(3) Attending the “Seongyang-si Manyang-si Manyang-si.”

Around August 13, 1995, the Defendant, along with the participants in the “National Unification Festival”, moved to a white mountain using air code, attended the appearance in the court room held in the white dudusan, and made a speech to the effect that “We will go to Jindo-gun-gun-gun-gun, the first generation in the last generation in the division, and the first generation in the unification, opening a dub-gu for the unification.” This Jin-gun-gun-gun, the South, North, and foreign countries share the form of the unification bureau in the South, North, and South, expanding the form of the unification bureau into the Samcheon River of the South and North Korea. All of them agreed with their mind and mind, and made a speech to the effect that “I Jindo-gun-gun-gun-gun-gun-gun, Jin-gun-gun-gun-gun, Jin-gun-gun-gun-gun, Jin-do-Uk-gun, a historical shot and sal.”

피고인은 1995. 8. 14. 김일성 경기장에서 개최된 ‘민족통일대축전 평양시 군중대회’에 최고인민회의의장 공소외 14,「범민련 북측본부」의장 공소외 10, 15 조선노동당중앙위원회 비서 등 북한 주요 인사들과 함께 주석단에 앉아 참석하였다. 위 ‘군중대회’가 열린 김일성 경기장에는 ‘위대한 수령 김일성 동지 만세!’, ‘영광스러운 조선노동당 만세!’, ‘위대한 수령 김일성 동지는 영원히 우리와 함께 계신다’, ‘민족의 위대한 령도자 김정일장군님의 령도따라 90년대 통일을 기어이 실현하자’는 등의 구호가 게시되어 있었으며, ‘군중대회’는 평양시행정경제위원회 위원장 공소외 16이 “남녘의 통일애국인사들이 파쑈탄압을 박차고 평양에 오고 남녘의 조국통일대행진대가 만난을 무릅쓰고 통일대축전장으로 진군하고 있는 것은 바로 분렬주의자들의 반통일행위를 용납하지 않고 투쟁으로 짓부셔 나가려는 남조선인민들의 불굴의 의지를 다시 한번 과시하는 애국적 장거“라는 내용으로 환영 연설을,「범민련」사무총장 공소외 17이 ”우리민족의 경애하는 김정일장군님을 모신 조국, 그분을 모시여 오늘보다 더 밝은 래일을 안고 사는 조국의 모습을 보았“으며, ”경애하는 김정일 장군님을 모시여 무궁번영할 사회주의조국의 창창한 미래를 확신한다“는 내용으로,「범청학련 남측본부」대표로 참석한 공소외 18이 ”분단된 조국에서 미국놈들에게 우리민족이 받고 있는 고통이 얼마나 큰 것인가를 알았을 때 나는 무척 가슴이 아팠다. 국내외 동포들과 반드시 함께 8.15민족공동행사를 성사시키고 조국통일원년임을 확인하고 싶었다. 자주, 평화, 민족대단결의 기치아래 조국의 통일이 실현되는 그날까지 투쟁할 것을 약속한다“는 내용으로, 같은 대표로 참석한 공소외 19가 “순결한 조국강토를 박탈한 미국과 반통일매국세력에 맞서「한총련」은 투쟁하고 있다”는 내용으로 각 답례연설을 하였으며 ’군중대회‘ 진행 중 피고인은 박수를 치는 등으로 그에 호응하였다.

Accordingly, the defendant, knowing that it may endanger the existence and security of the State or democratic fundamental order, has aided the activities of North Korea, which is an anti-government organization.

(4) 조국해방 50돐 민족통일대축전 개막식 및 8·15 범민족대회, 대민족대회 참석

On August 15, 1995, the Defendant participated in the unification hall of the Joseon Labor Party, including Non-Indicted 20, etc., the Central Committee of the Joseon Labor Party, Non-Indicted 10, and the executives of the North Korean headquarters in North Korea, together with the executives of the Korean Peninsula 10, and the executives of the North Korean organization abroad. The above “gall-type” was established with a relief board, such as “10 Domine 10,000,000 for the unification of the nation,” “The 19th century, the 19th century,” and “the 19th century, the Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic.”

The Defendant appeared at the same place in the same day with the Ministry of National Security Act. Nonindicted 23 of the Chapter 23 of the North Korean Headquarters of the Republic of Korea established a sufficient movement with a clear belief and strong command, and established the foundation for realizing the unification in the 90s, by expanding the support force for the prevention and unification of refining, the Kim Il-sung was fluored to promote the unification of the Republic of Korea, and was fluorily removed the 9th National Security Act, and was fluored to the history of the unification of the Republic of Korea, and was fluorily removed the 9th National Security Act, and was fluorily removed the 9th National Assembly’s unification movement from the Republic of Korea outside of Korea, and was fluorily removed the 19th National Security Act, and was fluorous to report the fact that the North Korean National Assembly’s unification movement was fluorily against the North Korean government’s non-permanent unification of the North Korean government.

In addition, the Defendant participated in the National Assembly of North Korea, South, North Korea, foreign political parties and organizations, along with Non-Indicted 20 of the Central Committee of the Joseon Labor Party at the same day’s unification angle, and the Ministry of Gender Equality and the Ministry of Gender Equality. The above “Large-National Council” was established with relief boards, such as “the Republic of the Democratic Republic of Korea is to be established due to the unity of the nation,” which is claimed by North Korea, the Defendant adopted the “one nation, one country, two systems, and the federal system unification based on the two governments,” and adopted the “An appeal sent to 70,000,000,000, in the name of the participant of the Grand-National Assembly.”

Accordingly, the defendant, knowing that it may endanger the existence and security of the State or democratic fundamental order, has aided the activities of North Korea, which is an anti-government organization.

(d) meetings of members of the Council in full after their return to Germany;

Around September 6, 1995, the Defendant arrived at Vietnam and called the above non-indicted 2, who was on board his car and moved to the Office of the Poste European Headquarters, and dialogueed Non-indicted 1 as the subject, such as the fact that the Defendant met the Non-indicted 1, while traveling to the Office of the Este European Headquarters. After that month, Non-indicted 2 visited Non-indicted 2, who visited the Office of the Estegian Headquarters at once or twice every month, divided the internal trends of the Estegian European Headquarters, the inclinations or roles within the organization of the members, and the internal conflict of organization. The above non-indicted 2 sent a letter of report on North Korea on the issues and measures brought by the non-indicted 2 on the first half of 1997.

Accordingly, the defendant, knowing that it may endanger the existence and security of the nation or democratic fundamental order, meet with the non-indicted 2 of the official members belonging to the Uniform Electric Register of North Korea, an anti-government organization.

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police interrogation protocol against the accused;

1. A copy of the statement statement of Nonindicted 24

1. Investigation report (verification of the identity and trends of the non-indicted 1 released from the North Korean War), investigation report (verification of the North Korean Uniform Cable Register), investigation report (verification of the fact that the suspect was sealed on August 1995 through the sojourn place of Bolilivia- Puuan-Pu Japan-China, China, etc.);

1. 1995.8.13자 노동신문 1면 “위대한 수령 김일성동지의 통일 유훈 관철을 위한 조국해방 50돐 민족통일대축전 참가자들의 결의대회 진행” 제하 기사 사본 및 필사본 1부, 1995.8.13.자 노동신문 4면 “위대한 수령 김일성동지께 〈금수산기념궁전〉을 찾은 조국해방 50돐 민족통일대축전 대표들과 해외동포들, 외국명예손님들과 남조선의 〈민가협〉 후원회 회원이 경의를 표시” 제하 기사 사본 및 필사본 1부, 1995.8.15.자 노동신문 3면 “뜻깊은 올해를 조국통일의 결정적 국면을 여는 해로 빛내자” 제하 기사 사본 및 필사본 1부, 1995.8.16자 노동신문 5면 “전민족의 대단결로 90년대 통일의 돌파구를 열자” 제하 기사 사본 및 필사본 1부, 1995. 8. 16.자 노동신문 7면 “조국의 평화와 통일을 위한 제6차 범민족대회 진행” 제하 기사 사본 및 필사본 1부

1. One copy of the printed material of Nonindicted Party 1 on June 21, 2007, the Korean Institute of Korean Studies published on June 21, 2007, one copy of the article under the “Non-Indicted Party 1’s death in the long-term non-Indicted Party 1’s death transmitted to North Korea in March 1993, one copy of the article under the “Korean Institute of Korean Studies”, one cultural day (18 January 199), one shipbuilding Day (199), one copy of the International Day (18 January 18, 199), one copy of the written decision of the case of the case of Non-Indicted Party 25, one copy of the passport, one copy of the suspect’s passport, SamsungV515 No. 1509, the files extracted from the Defendant’s Samsung T&V No. 1510, Aug. 15, 195 (No. 195).

1. Article applicable to criminal facts;

Article 8 (1) of the National Security Act (the point of each meeting), Article 6 (1) of the National Security Act (the point of escape) and Article 7 (1) of the National Security Act (each point of the same Article)

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. Suspension of execution;

Article 62(1) and (2) of the Criminal Act (Reasons for Sentencing below)

1. The assertion;

The Defendant, upon the invitation from Nonindicted 1 to North Korea, consulted and consulted on Nonindicted 2’s schedule for the purpose of solely visiting Nonindicted 1, and thus, the National Security Act should not be applied to the fact that the Defendant did not obtain a prior report or approval.

2. Determination

Article 3 of the former Inter-Korean Exchange and Cooperation Act (amended by Act No. 7539 of May 31, 2005) provides that "this Act shall apply in preference to other Acts to the extent that it is deemed justifiable with respect to activities aimed at facilitating inter-Korean exchange and cooperation, such as coming to and going to and going to and going to and going to and going to and from North Korea, and provision of telecommunications services." Although other Acts to which the Inter-Korean Exchange and Cooperation Act preferentially applies under this Article shall be included in the National Security Act as a matter of course, the issue of whether the act of going to and going to and from South Korea is "reasonable for inter-Korean exchange and cooperation" shall be determined by comprehensively taking into account the circumstances leading up to coming to go to and going to and going to the North Korea, whether the specific purpose of going to and from North Korea corresponds to trade and cooperation as provided in the same Act, whether the person going to and going to actually engage in such trade and cooperation, and the conduct before and after going to and after the North Korea, etc. (see, e.g., Supreme Court Decision 2009Do298).

In light of the above legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, at the time, the defendant voluntarily escaped from North Korea without the report of the head of the diplomatic mission abroad as stipulated in the former Inter-Korean Exchange and Cooperation Act or meeting with the Minister for National Unification before and after North Korea without the approval of the Minister for National Unification, and the defendant argued that the purpose of this meeting was solely sought by Nonindicted 1, while staying in North Korea for not less than 20 days after North Korea, the defendant's act of North Korea and remaining in North Korea for the purpose of inter-Korean exchange and cooperation cannot be deemed justifiable, and since it is recognized that there is a clear risk that the national existence and security or free democratic fundamental order may be substantially harmed, the Inter-Korean Exchange and Cooperation Act preferentially applies to the defendant's above assertion.

In the situation where there is a conflict between South and North Korea, the defendant carried out smuggling without the approval of the authority, and further, the fact that the defendant's activities in North Korea were used to promote North Korea's system, resulting in causing harm to the existence and security of the Republic of Korea and democratic fundamental order.

On the other hand, the defendant's North Korea seems to have been the main motive of the defendant's movement to the non-indicted 1, which had been by means of an invitation outside the meaning of the non-indicted 1 who was he accumulated a kind of friendship in the Republic of Korea before his transfer to North Korea, and the defendant's movement to the non-indicted 1 had been 18 years since now, and the case seems to have been 18 years since now, and the defendant had been staying in Germany for the above period when he was staying in Germany because he was unable to return to Korea after his release to North Korea. At the latest, the defendant should be subject to criminal punishment at the latest, and the circumstances such as the fact that he was settled and voluntarily returned to Germany in order to care with his wife and children, and the defendant had no previous conviction in the same kind of crime, shall be considered in consideration of the favorable circumstances such as the defendant's age, health, character and behavior, home environment, motive and circumstance of the crime of this case, and the circumstances after the crime, etc.,

1. Facts charged;

A. Non-Indicted 1’s house visit and expression of resolution

On August 11, 1995, the day following the arrival date of Pyeongtaekyang, the Defendant visited Nonindicted Party 1’s house located in Pyeongtaekyang by a guide, such as a name-free leader, etc., who belongs to the Choyangyang, taken photographs of Nonindicted Party 1’s family members and commemorative pictures, and sought various souvenirs, etc. stored in Nonindicted Party 1’s house, and provided a long-time conversation, and provided a low-time funeral hall together.

At the time, the Defendant knew that North Korea moved to the Republic of Korea in order to induce the loyalty of Kim Jong-il and to maximize internal unity, the Defendant expressed a resolution, such as “I am rhym the desire and will of unification in the form of Nonindicted Party 1, who opened the Gim Il-sung Sing Sing of the Gimsung,” and “I am able to visit to the Republic of Korea and participate in the 8.15 National Rabling of the Republic of Korea at that time.15 in that time,” and “I am symbling the spirit of the nation at that time, I am symbling the body and mind for the first time in order to promptly advance the date of the deceased.”

As a result, the Defendant, while knowing that it may endanger the existence and security of the State or democratic fundamental order, praise, encourage, promote, or aid the activities of North Korea, which is an anti-government organization.

(b) Entry of a register of visitors at the time of visiting the Geumsan Memorial Cemetery; and

On August 12, 1995, the Defendant kept the Kim Il-sung body, and the North Korean regime entered the Geumsan Memorial Cemetery used to promote the North Korean system as follows: “The Defendant visited the North Korean People of the Republic of Korea to all for the unification of the 90s, because he was able to maintain the national attitudes, Kim Il-sung, Kim Il-sung, and all for the unification of the 90s.”

As a result, the Defendant, while knowing that it may endanger the existence and security of the State or democratic fundamental order, praise, encourage, promote, or aid the activities of North Korea, which is an anti-government organization.

C. Visits and remarks made by Kim Il-sung to “Ma-sung”

On August 12, 1995, the Defendant sent the guidance of the above leader, Kim Il-sung to the place where he was born or frighted, and North Korea promoted as a “satise of the revolution” or “satise of the spirit,” and formed as a historic site of the Revolution, and made a statement that “Satna,” which is being used as an essential viewing course for the praise of Kim Il-sung, visited the “Satna,” and “all South Korean citizens are still in existence and defected at any time.”

As a result, the Defendant, while knowing that it may endanger the existence and security of the State or democratic fundamental order, praise, encourage, promote, or aid the activities of North Korea, which is an anti-government organization.

(d) Attending and speaking at a prior event of the "Yangyang-si Kunnsan-si Kunnyang-si Kunn."

On August 14, 1995, the Defendant returned to ordinary funcing with the participants, and participated in the “funcing at normal funcing at the distance,” which is the prior event of the “Folyang-Sinsan-Si, Kim Jong-gun,” which is the event of the “Folyang-si, Kim Jong-gun,” which is the event of the “Wol-gun, Kim Jong-gun, the formation of the unification of the Republic of Korea would be completed,” and the Defendant was carrying out a funcing card that “the unification of the Republic of Korea would be completed, and the unification of the Republic of Korea would be advanced in the 90s, along with the thickness of the king, where the formation of the unification of the Republic of Korea is respected.”

As a result, the Defendant, while knowing that it may endanger the existence and security of the State or democratic fundamental order, praise, encourage, promote, or aid the activities of North Korea, which is an anti-government organization.

(e) Attending and speaking at a reporters' meeting;

On September 5, 1995, the Defendant participated in the press conference organized by the reporters in the People's Culture Cemetery located in Bupyeongyang-gu.

위 기자회견에서, 피고인은 ‘이번에 평양을 방문하게된 목적은 신념과 의지의 화신인 공소외 1을 만나 보는 것과 조국해방 50돐 민족통일대축전에 참가하기 위한데 있었으며, 조국통일을 갈망하는 남녘 민중의 염원을 안고 통일대축전에 참가하여 출정식이 거행되는 백두산에도 올라가 보았고, 자주, 평화통일, 민족대단결의 기치아래 판문점에서 북과 남, 해외대표들의 참가하에 민족통일 대축전이 성대히 진행되었다’고 언급하면서, ‘분열의 고통을 그 누구보다 가슴 아파해 오신 김일성 주석께서 사선을 헤치고 평양을 찾아온 공소외 26 목사를 접견해 주시고 하루빨리 조국통일을 이룩할 데 대하여 말씀하신 그때로부터 여러 해가 지나갔으나 반통일세력, 분단기생충들의 방해책동으로 하여 조국은 아직도 통일되지 못하고 있으며, 민족대단결과 조국통일을 방해하는 공소외 21 정권에 기대를 가질 것은 조금도 없으며 조국통일은 자주, 평화, 민족대단결의 3대원칙에 따라 연방제방식으로 실현되어야 한다’고 발언하였다.

As a result, the Defendant, while knowing that it may endanger the existence and security of the State or democratic fundamental order, praise, encourage, promote, or aid the activities of North Korea, which is an anti-government organization.

2. Determination

A. Whether the crime of obscenity, rubber, or publicity is established

① The contents of the Defendant’s expression of resolution (a) and statement (b) and each statement (d), and (e) of the above facts charged are based on the contents of the Defendant’s report of the labor newspaper published at the time. Thus, it cannot be ruled out that the North Korean authority could have made a false or distorted report on the Defendant’s North Korea activities, which was in need of using the Defendant’s speech as its tool of attention and propaganda. ② The Defendant recognized the Defendant’s actual exaggeration or distorted report on the remaining facts charged except this part from the investigative agency to this court, but consistently denied the Defendant’s statements on the remaining facts charged. ③ Even before and after the instant release, there is no evidence to acknowledge that the Defendant’s speech and behavior, such as the North Korean system or its members’ activities, cannot be concluded that the contents of the above labor newspaper did not constitute the same as those of each facts charged (i.e., even if the Defendant’s speech and behavior were reported at the same time as the Defendant’s non-indicted 18 and Nonindicted 19 at that time).

B. Whether the crime of the same Article was established

(1) The act of assistance in the act of concert with an anti-government organization under Article 7 (1) of the National Security Act refers to the act of responding to and joining the activities of an anti-government organization by asserting or opposing the same contents as the activities of an anti-government organization, etc. In addition, the interpretation principle that the National Security Act should be limited to the case where there is an obvious danger that may actually harm the existence and security of the State or democratic fundamental order, applies to the act of assistance in the activities of an anti-government organization. Therefore, the act of assistance prohibited under Article 7 (1) of the National Security Act should reach the extent of actively expressing an intention to respond to and join the activities of an anti-government organization, etc., and if it is difficult to view that there is an obvious danger and harm to the existence and security of the State or democratic basic order, it shall not be deemed that the act of assistance in the activities of an anti-government organization constitutes a crime of assistance in the activities of an anti-government organization.

(2) In light of the above legal principles, the circumstance that the defendant visited or attended Non-Indicted 1's house (a) and met (c) and a prior event (d) of the national unification festival, and the press conference (e.g. 2) in the People's Culture Cemetery in the People's Republic of Korea, it is difficult to view that the above place and event, despite the symbolic meaning in North Korea, the defendant actively expressed his intention to respond to and join the activities of anti-government organizations, and therefore, it cannot be deemed that the defendant committed an act of anti-government organizations to the extent that there is an obvious risk of substantial harm to the nation's existence and security or democratic fundamental order.

3. Conclusion

Therefore, it constitutes a case where there is no proof of a crime against each of the facts charged in this part, and thus, the acquittal is declared under the latter part of Article 325

Judge Class B: Name of judge

1) This part of the speech was not reported in the labor newspaper, and the content of the speech is written in the Defendant’s secret book (Evidence No. 150 No. 1564). The contents of the speech at the time are asserted as having the same content as North Korea’s propaganda, inciting, and its activities, with respect to the “National Unification Festival” held at the time, which constitutes an act of the same assistance. Since the Defendant acknowledges the fact that the speech was made with the above contents, it is recognized that the above part of the speech was made as reinforced evidence (see, e.g., Supreme Court en banc Decision 94Do2865, Oct. 17, 1996), the Defendant is guilty.

Note 2) Of the facts charged above, the Defendant convicted of the Defendants on the “sorting” of the Geumsan Memorial Complex under Paragraph (b) can be seen as having actively expressed his/her intention to comply with and her emulation in the emulation beyond simply viewing or witnessing.