2013Mo4240, 4241(Joint) Violation of the National Security Act (Momity, rubber, etc.)

1. The head of the Ministry of Education for those who engage in Kim○○ (72-2), Incheon peace and unification;

2. The head of the secretariat of people who engage in peace and unification in ○○○ (72-1), Incheon;

Park Jong-man (prosecution), knife (public trial)

Law Firm Shin (for the accused), Attorney Kim Jong-sik, Macheon-su in charge

Law Firm Han-ho et al. (for the defendant)

October 28, 2015

Defendants are not guilty, and the summary of the judgment is publicly announced.

Summary of Facts charged

『2013고단4240, (피고인 김ㅇㅇ)

1. Professor, rubber, publicity, and aid of anti-government organizations;

The Defendant, with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order as follows, praiseed, encouraged, advertised, or abetted the activities of anti-government organizations or their members.

(1) A group of the Unification Branch around January 21, 2008 is called the group of the Unification Branch.

The Defendant, at the above conference, admitted North Korea’s history hall against those who take part in the Incheon Peace and unification (hereinafter referred to as “the members of the Incheon Empi”), denied the legitimacy of the Republic of Korea by denying the legitimacy of the Republic of Korea, asserting the destruction of the Korea-U.S. Union, the receipt of the U.S. iron, and the conclusion of a peace agreement, etc., encourage the

② A meeting of the Unification Branch around February 18, 2008

The Defendant asserted at the above conference that the U.S. bar number, destruction of the Korea-U.S.A.A.A., dissolution of the United Nations, destruction of the Korea-U.S. Mutual Defense Treaty, the conclusion of peace agreements, and the practice of Dalibrobb is the practice of preemptive attack against North Korea’s Republic of Korea, and obsting, encouraging, promoting, and promoting the activities of anti-government organizations or their members.

③ Group of Unification Branch around March 30, 2008

The Defendant asserted, at the above gathering, the number of usfk iron, the conclusion of a peace agreement, and the destruction of the Korea-U.S.A.A., against members of the Incheon Empi, thereby praiseing, encouraging, promoting, and promoting the activities of anti-government organizations or

(4) 'Unified Branch' meeting around April 20, 2008.

The Defendant, at the above conference, against the members of the Incheon ordinary social group, is an anti-Korean armed conflict in which all fields, such as politics, military, economy, and unification, are bound by the United States, and thus, should be discarded. The Defendant asserted the number of iron of the United States Armed Forces in the United States through the conclusion of a peace agreement, and praise, encourage, and promote the activities of anti-government organizations or their members, and then, on February 20, 2009, the Korean War Association on February 20, 2009.

The Defendant, taking part in the conclusion of a peace agreement, destruction of the Korea-U.S.A.A.A. conference held before the U.S. Embassy, asserted the destruction of the Korea-U.S.A.A.A. conference by participating in the conclusion of a peace agreement, destruction of the Korea-U.S.A.A.A. conference, and claimed the destruction thereof,

(6) Courses, etc. on March 5, 2009, such as the "Bag Peace Love" Course, etc.

The defendant asserted that the above gathering is the first-class practice of Daibbbb, Incheon's members, and that the above gathering is against the North Korea's military training, such as posting a notice of the above gathering through the "Sacheon-style Sacheon Military Training Co., Ltd" on the site of the "Sacheon-style, Sari Uniform" around May 28, 2009, and that the above gathering is against the activities of anti-government organizations on June 30, 2009.

The defendant regarded the Korea-U.S.A. Union as a approximate union in the "Examination of the Korean Civil Movement Union" and asserts dissolution of the Korea-U.S. Union, and therefore, the defendant acts together with the activities of anti-government organizations.

(8) A press conference around August 17, 2009

The defendant, who participated in the "Korea-U.S. Union practice" held in front of the Incheon Viewing Party, shall suspend the practice of Korea-U.S.A. D., which was urged. The defendant asserted that the training of Korea-U.S. Joint reporters' Association was a practice of anti-Korean invasion, and therefore, this article applies to anti-government organizations' activities.

(9) "At the end of October 27, 2009, the 95th Peace-gun Assembly."

The Defendant asserts to the effect that, in an open assembly held before the Ministry of National Defense, the nuclear warfare strategy does not decrease the possibility of nuclear war, but rather increases the possibility of nuclear war by accelerating nuclear threats against the other party, thereby enhancing the possibility of nuclear weapons development. The nuclear contingency of the United States served as the cause for North Korea to develop and possess nuclear weapons. As such, if the United States wishes to destroy North Korea nuclear weapons, it is necessary to withdraw the nuclear expansion suppression policy against South Korea and enter into peace agreements, and to act as an anti-government organization’s activities.

(10) A person who was admitted to a new member on December 17, 2009

The Defendant asserted in the above gathering the conclusion of a peace agreement against members of the Incheon Bupyeong-gu Office, the receipt of usfks in Korea, and the destruction of the Korea-U.S. Union, etc., and praise, encourage, promote, and promote the activities of anti-government organizations or their members, and

(1) "Pooming Peace" around March 4, 2010.

In the above gathering, the Defendant asserted that the Korea-U.S. military training was conducted against the members of the Incheon would be an anti-government organization's activity (B) around March 13, 2010.

The Defendant asserted in the above gathering the conclusion of a peace agreement against the members of the Incheon Empi, the receipt of usfks in Korea, and the destruction of the Korea-U.S.A.A.A., thereby praiseing, encouraging, and promoting the activities of anti-government organizations or

3. Posting up a read material on April 14, 2010 in "a place that makes a elblue elblus" in the blue blus, etc.

The defendant, on the above online website, tried to unify Kim Il-sung to unification with the title "the reading materials of members of the division of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the Republic of Korea".

(4) The phrase “UFG conference” to urge the suspension of Malithum on August 16, 2010.

The defendant asserts that it is not limited to the withdrawal of the North Korea's escape from the Dopum dynasium in the above press dog opened before Incheon Viewing, but it is an anti-government organization's training for the promotion to North Korea from the Military Demarcation Line and for the provision of North Korea's occupation order, and the defendant argued that it is an anti-government organization's activity 1 p.m. participate in the related assembly held on November 11, 201.

The defendant asserted the conclusion of the usfk iron and peace agreement in an open assembly held before the military base of Yongsan-do, and coordinate the activities of anti-government organizations.

(6) "Eversity Loves" around March 3, 201

The defendant asserted that the above gathering is a aggressive operation that combines North Korea into the North Korean War, and that the operation plan 5027 is an aggressive operation that combines North Korea, and that the activity of the anti-government organization is supported by the above gathering.

2. Possession of pro-enemy materials;

A. Possession of pro-enemy contents on Defendant’s computer

On February 8, 2012, the Defendant, with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, was possessed by a computer using pro-enemy contents such as the following subparagraphs for the purpose of publicizing the activities of anti-government organizations and assisting them.

(1) Details concerning the conclusion of the materials collection of the fourth general meeting of the Incheon ordinary general meeting, such as the United States, independence, unification, national self-help, the number of iron in the United States Armed Forces in Korea, peace axis, and peace agreement.

(2) Contents suggesting the destruction of the Korea-U.S. Union, the opposition to the training of the Korea-U.S.A., the number of U.S. iron, and the conclusion of peace agreements at the fifth general

(3) Contents that claim autonomous and peaceful unification based on the dissolution of the United Nations History at the 6th general meeting of the Incheon ordinary general meeting, the number of usfk iron, the joint name of 7.4, and the joint declaration of 6.15.

(4) Contents that stipulate the violation of the practice of the Union of Korea and America, the dissolution of the United Nations, the strike of anti-U.S. solidarity, and the Korea-U.S. Union, in the 7th ordinary general meeting of Incheon.

(5) Contents which stipulate the Korea-U.S.A. Union at the 8th ordinary general meeting in Incheon, and claim dissolution of the Korea-U.S. Union and military training of the Korea-U.S.A. as North Korean invasion war practice.

6) Contents stating that the dissolution of the Korea-U.S. Military Union at the 9th general meeting of Incheon Pyeong-gu, North Korea-U.S. Military Training is called the North Korean War Practice 7: (a) the conclusion of the Korean Peninsula and the unification phase of our task in the 2009 to 2012, the conclusion of the Peace Agreement (Convention), the conclusion of the Peace Agreement, the conclusion of the Peace Agreement at a lower level, the highest federal system, the highest federal system, and the unification of the federal system within the 8 U.S. Armed Forces in Korea; and (b) the statement that the Korean-U.S. military forces training at the 9th general meeting is claimed as the United States-U.S. Military Union’s dissolution, the removal of the United States-U.S. nuclear rain, the dissolution of the United

(4) Details concerning the presentation of the Peace Agreement on the Korean Peninsula and the conclusion of a peace agreement aiming at the destruction of the Korean Peninsula and the destruction of the Korean Peninsula to the United States Armed Forces in Korea, Article 3 of the Constitution of the Republic of Korea, the National Security Act, the Nationality Act, the National Intelligence Service Act, etc.

B. Possession of pro-enemy materials in the defendant's residence

On February 8, 2012, the Defendant, with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order in a residential area, was in possession of pro-enemy contents, such as the following subparagraphs, for the purpose of promoting and aiding the activities of anti-government organizations.

(1) Details concerning the destruction of North Korea’s primary concept, the destruction of the Constitution of the Republic of Korea, and the National Security Act, the amendment and abolition of the Korea-U.S. Military decoration, 200 foot 2 (Gang-gu et al., 2007, book publication) of the converted Korea-U.S.-U.S.-U. M.

(2) Contents which liquidate the unequal relations between Korea and Japan through anti-U.S. during the period of 50 years or more of the data collection of the data collection of the Incheon Bupyeong History, and frequently assert the peace and unification.

③ Contents, such as the opening and closing of the Korea-U.S. Mutual Defense Treaty, the opening and closing of the Second ordinary general meeting data collection in order to draw up a subordinate relationship to the U.S.A., 40 thousand students boys, such as the Korean-U.S. Arts Center, video tapes and video tapes for the Korean-U.S. Armed Forces, and the joint performance and video tapes for the Korean-U.S. Armed Forces, 2013 Highest 4241 (Defendant U.S. 00)

1. An anti-government organization and a group of members;

The Defendant, upon knowing that it may endanger the existence and security of the State or democratic fundamental order as follows, praiseed and praiseed anti-government organizations or their members’ activities.

(1) '109th anti-unjoint and several meetings' on October 17, 2008

The defendant asserted the dissolution of United Nations history, the proper resolution of military sovereignty, and the conclusion of peace agreements inside and outside the United States Armed Forces in Korea in the event of an open assembly held in the vicinity of the U.S. Embassy, and "the peace agreement realization movement of the Korean Peninsula inside and outside the U.S. on October 23, 2009."

The defendant, at the above 10 times, held ○○ Council that the defendant shall jointly carry out the vision of the Korean Peninsula, the conclusion of peace agreements, and the movement of the iron of US Armed Forces in Korea against the members of the Incheon Construction Labor Union.

Members training on January 21, 2010

At the above conference, the Defendant: (a) developed the popular reputation of the anti-state-state-state-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-

(4) Dispatching a email around April 10, 2010

The defendant sent a file of "original reading material of the division of the Korean Peninsula" to the effect that the U.S., even though he had endeavored to standardize Kim Il-il, as the meta of a youth member of the Incheon Bupyeong-gu, for unification, caused the division of the Korean Peninsula, and praises the activities of anti-government organizations and their members, and took place around August 18, 2010.

The defendant's title, "Seocheon-si, B, it is necessary to conduct peace more peaceful practice than Eul practice," was an attack practice aimed at North Korean occupation, and thus, the war crisis of the Korean Peninsula should be enhanced and abolished, and the defendant's activities should be accompanied by anti-government organization's activities.

6) around November 5, 2010: the conclusion of the Peace Agreement; up to 00 USFFFRs.

At the above 0 times, the Defendant asserted the conclusion of the U.S. iron and peace agreements against members of the U.S. Armed Forces, and agreed to the activities of an anti-government organization.

(7) "Pooming Peace" around March 3, 201, around March 3, 201

The Defendant asserted at the above conference that he opposed to the activities of anti-government organizations, because the Korea-U.S. Congress training against the members of the Incheon Empibr is a practice of attack against North Korea and the North Korean system collapse is a training aimed at war.

(8) On March 23, 2011, meetings of opposing the training for the support of the Korea-U.S.A.S.A. coast guard.

When the Defendant attended the above assembly at the entrance, etc. of the Hanam Ocean, and proposed relief, such as the number of iron in the United States Armed Forces and the suspension of support training for the coast of the Korea-U.S.F.S.F., the Defendant would act in concert with the activities of anti-government organizations.

2. Possession and distribution of pro-enemy materials;

The Defendant, with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, carried and distributed pro-enemy pro-enemy materials for the purpose of propaganda and assistance with the activities of anti-government organizations.

(1) Nuclear.alz files

On November 19, 2009, the Defendant asserted and justified the nuclear experiment in his e-mail account of North Korea; the reason for the nuclear experiment of North Korea is deemed to be the U.S. government policy; the Defendant asserted the suspension of North Korea’s war evacuation; the withdrawal of the U.S. government policy; the number of U.S. irons; and the abolition of the Korea-U.S. Mutual Defense Treaty; and possession of the files of 'Nuclear.alz' for the promotion of the route of socialist and the construction routes of the J.S. forces; ② the files of the 'M.h.WP' related to the 9.15 M.M. and '9.15 M.M. Data collection'; and (1) the Defendant: (2) on November 19, 2009, by asserting that he denied free democracy on his e-mail account; and (3) was replaced by the 'M.M. 2015 M. 208.28.M. 2015 M.M.M.

On October 28, 2010, the Defendant, on his e-mail account, has transferred the direction of the peace agreement to the flock of the USF in the Republic of Korea immediately if it e-mail, and possessed and distributed files of the flive member cultural materials - Incheon.hwp and the hwp “hwp” files to the effect that it is necessary to secure the power to come into the unification of the federal unification after the peace agreement was concluded.

④ The data collection of 2007 No. 3rd Peace Love book, '070707.10-Pp, '0707 Incheon Cultural.hwp', '0707 Incheon Cultural.pt' and 'Korea-do Round Scenes.jg' files.

around February 8, 2012, the Defendant possessed the files of the 0707 Peace Agreement-Sacheon Culture.hwp", - Incheon Culture.Pt and the Round of the Korean Peninsula "Road Map.pg" inside the office computer hard disks, such as the office computer, 2007 No. 3rd Eppp, stating the unification of the federal system, at the office of Bupyeong-gu Incheon, in which the Defendant asserts the number of iron in Korea, the conclusion of the peace agreement, and the unification of the federal system.

(5) The data collection of the Incheon Pyeong History and the data collection of the ordinary general meeting.

On February 8, 2012, the Defendant possessed the “Data collection of the Data on the Establishment of the Incheon Pyeong-gu Incheon National Assembly of Korea (hereinafter “Sacheon-gu Office”) that asserts the number of usfk iron, the destruction of the Korea-U.S. Union, the conclusion of the Peace Agreement, etc. at the office of the Incheon Pyeong-gu Office, and the “2nd (2006)-10th (2012) of the Data Collection of the Data Data on the Incheon Pyeong-gu General Assembly of Korea (hereinafter “the Data Collection”).”

(6) Two foots (the mouth, outside the mouth, 2007, and the publication of books) of a finite relationship.

On February 8, 2012, the Defendant, at his residence on February 8, 2012, was held with a book stating that the destruction of the concept of North Korea’s primary origin, Article 3 of the Constitution of the Republic of Korea, and the National Security Act’s amendment and repeal, and the military training of the

1. As to the principle of interpreting the National Security Act and the freedom of expression

A. First of all, the part concerning the promotion of activities of anti-government organizations under Article 7 (1) of the National Security Act, which are the principal form of the Defendants prosecuted by the Defendants, is examined as to the part concerning the contents and purport of the activities of anti-government organizations. "Promotion of activities as constituent elements" refers to an assertion or an act consistent with the contents of the activities of anti-government organizations, etc., and thereby responding to the activities of anti-government organizations. In this case, the principles of interpretation that the National Security Act should be applied restricted to cases where there is an obvious risk of substantial harm to the national existence and security or democratic fundamental order. In particular, since Article 7 (1) of the National Security Act applies to cases where there is an obvious danger of substantial harm to the national existence and security or democratic basic order, an act of anti-government organization prohibited under the same Article 7 (1) of the National Security Act should be actively expressed to the extent that it can be evaluated as an act of anti-government organizations, such as praise, rubber, and promotion.

B. The following facts are examined as to the possession and distribution of pro-enemy materials. The purpose of Article 7(5) of the National Security Act is to establish a pro-enemy act under the former part of Article 1, 3, and 4, which is to protect the fundamental rights of citizens for the sake of the freedom of expression and to protect the freedom of expression and to protect the fundamental rights of citizens, and to protect the freedom of expression and to protect the fundamental rights of citizens, and to protect the freedom of expression and to protect the freedom of expression and to protect the fundamental rights of citizens, and to protect the freedom of expression and to protect the freedom of expression and to protect the fundamental rights of citizens, and to protect the freedom of expression and to protect the freedom of expression and to protect the fundamental rights of citizens in the context of Article 7(1) of the same Act. According to Article 7(2) of the same Act, even if an actor committed an act under paragraph (5) of the same Act, the contents of the said act shall be active and aggressive to protect the existence and security of the State, which are protected by the National Security Act and to protect the fundamental rights of citizens.

D. Therefore, in mind that the above fundamental rights should be in harmony with the guarantee of fundamental rights of freedom of interpretation and expression, we examine whether Defendants’ act constitutes a constituent element of praise, rubber, propaganda, and distribution under Article 7(1) of the National Security Act and Article 7(5) of the same Act.

2. Determination as to the praise, rubber, promotion, and assistance of anti-government organizations (a summary of the facts charged by the defendants, part 1 of each of the facts charged)

In this part, the Defendants asserted and delivered to others the opposition to the training of the Korea-U.S.A., the NAA and the destruction of the Korea-U.S.A.A.A.A.A.A., the dissolution of the United Nations, the

The prosecutor’s assertion is identical to the assertion of North Korea, and such assertion may endanger the nation’s existence and security or democratic fundamental order, and the Defendants conspired with North Korea’s assertion. However, according to the examined evidence, the above Defendants’ act appears to have been determined based on autonomous research on the peace and unification of the Incheon Embryman, where the Defendants and the Defendants belong, separate from academic, political feasibility and feasibility, and as such, the Defendants did not appear to have accepted their ideas in various forms. Furthermore, even if there exists any aspect similar to the assertion of North Korea, and there is any aspect different from the North Korea’s policy on North Korea’s security, it is difficult to readily see that the Defendants’ act constitutes either the act of praise, encouraging, promoting, or promoting North Korea’s publicity policies or the act of promoting and promoting online propaganda of the Republic of Korea, and that the Defendants’ act falls under the scope of the fundamental order of the Republic of Korea’s freedom of expression and publicity, and thus, it is difficult to readily conclude that the Defendants’ act was within the scope of freedom of expression and publicity.

3. Of the expressive materials charged (Article 2 of the indictments against the Defendants) regarding the possession and distribution of pro-enemy materials, the materials related to the Incheon ordinary general meeting and the respective general meeting of shareholders, and the materials related to the activities of the Incheon ordinary general meeting are included in the scope protected by the freedom of expression on the grounds as seen earlier. As such, the evidence presented alone is insufficient to view that the Defendants possessed these materials for the purpose of praiseing, encouraging, promoting, promoting, or aiding and abetting the activities of anti-government organizations or their members, or that such materials are active and aggressive to threaten the nation’s existence and security and democratic fundamental order.

In addition, in the case of a new edition 2's new edition 2' (the head of Gangseo-gu, 2007, book publishing, this book is kept in the National Library, etc., and it can be purchased at present at the center of the National Library, etc.), in light of the contents of the above representations shown in the record, in the case of a pro-Japanese student student student student's pathical music tape and nuclear.alz files, the details of the above expressions held by the Defendants, the circumstances leading up to the Defendants' possession of them, the relation between the above expressions, etc., the evidence submitted by the Defendants alone is insufficient to deem that the Defendants possessed the above expressions for the purpose of misunderstanding, encouraging, promoting, or aiding and abetting the activities of anti-government organizations or their members, or doing so. In addition, in the case of a 'nuclearz' file, it is difficult to view that the Defendant was also able to receive this compressed files from others in the e-mail account and send them to others in the record.

Therefore, it is not proven that the Defendants’ act constitutes possession and distribution of pro-enemy contents under Article 7(5) of the National Security Act.

4. Conclusion

The facts charged do not have the proof of crime, and thus, the accused is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act. In addition, the summary of this judgment is publicly announced pursuant to Article 58(2)

Judges Lee Jin-jin