The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal doctrine, committed an act identical to the facts charged in this case with the instruction and consent of N.N., at the time, there was no perception that the above act was unlawful, and there was justifiable reason to believe that such act was unlawful.

B. The lower court’s sentence (700,000 won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, Article 16 of the Criminal Act provides that "the act of misunderstanding that one's own act is not a crime under the Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for misunderstanding." The purport of misunderstanding of legal principles is that it shall not be punishable if there are justifiable grounds for misunderstanding of misunderstanding of legal principles in general, but misunderstanding of misunderstanding of the fact that one's own act is not a crime permitted under the Acts and subordinate statutes in his own special circumstances, and misunderstanding of misunderstanding of misunderstanding of legal principles is not punishable. Whether there exists such justifiable grounds should be determined depending on whether the act was not aware of illegality of his own act due to misunderstanding of his intellectual ability, even though there was a possibility that one's own act could be aware of illegality, if he made a serious effort for

(2) As to the Defendant’s act of diversion without permission, it is difficult to view that there was a justifiable reason solely on the basis that the Defendant asserted that there was a justifiable reason to believe that the Defendant’s act of diversion without permission was not illegal. (3) The Defendant’s act of diversion without permission was unlawful, since the Defendant committed an act identical to the facts charged in the instant case with his instruction and consent from the National Security Agency.

Rather, the defendant has been punished for the same crime.