The prosecutor's appeal is dismissed.

1. With regard to the main contents of the grounds for appeal, the defendant, with the knowledge that it would endanger the existence and security of the nation and the liberal democratic fundamental order, has been conjectioned to the federal unification plan and other arguments of North Korea.

In relation to the possession of pro-enemy materials, each book in the facts charged constitutes pro-enemy materials that praise and aid North Korea by praiseing North Korea's stay and P's principal ideology, pursuing federal unification, etc., and the Defendant possessed the said pro-enemy materials with the aim of endangering the nation's existence and security or democratic fundamental order.

Nevertheless, the judgment of the court below which acquitted the defendant of the whole facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of

2. Determination

A. As to the prosecutor’s assertion as to the part of the Lee In-bok, Article 7(1) of the National Security Act refers to the act of acting in concert with, or responding to, the activities of, an anti-government organization by asserting the same content as, the activities of an anti-government organization, etc., or engaging in an act consistent with such claim. Furthermore, the interpretation principle that the National Security Act should be applied restrictively to cases where there is an obvious danger that may pose substantial harm to the existence and security of the State or democratic fundamental order is likewise applicable to the crime of acting in concert with, an anti-government organization. Therefore, the act of concert prohibited under Article 7(1) of the National Security Act should reach the extent that he/she actively expresses his/her intent to comply with, and respond to, the activities of an anti-government organization, etc., to the extent that it can be evaluated as “proven, encourage, and publicize the activities of an anti-government organization, etc.” (see Supreme Court Decision 2013Do1276, Jan. 29, 2014>