The appeal is dismissed.

The grounds of appeal are examined.

To be recognized as a pro rata expressive material under the National Security Act, the content of the expressive material must be active and aggressive that threatens the existence and security of the nation, which is a legal interest in the protection of the National Security Act, and the fundamental democratic order. Whether the expressive material has such nature ought to be determined not only by the overall contents of the expressive material, but also by taking into account all the circumstances such as the motive for, and the mode of, such expressive act, matters related to the outside, and

Meanwhile, the crime of Article 7(5) of the National Security Act is a so-called crime of manufacturing, importing, copying, transporting, distributing, selling or acquiring documents, drawings and other expressive materials for the purpose of committing the act of immigration as provided in Articles 1, 3, and 4.

The purpose of the crime in the objective crime is to establish an excessive subjective illegal element for the establishment of a crime, which is separately required, and thus, an actor was aware of the nature of expressive materials and committed an act prescribed in paragraph 5.

Even if the purpose of transfer is not recognized, the composition requirement is not satisfied.

In addition, since the prosecutor bears the burden of proving the facts constituting the elements of the crime prosecuted in a criminal trial, the prosecutor must prove that the perpetrator had the intent to conduct an act of transfer to another person, and only the fact that the perpetrator knew that the act of transfer to another person was an act of transfer to another person under paragraph (5) was committed.

must not be presumed.

In this case, if there is no direct evidence to prove that the act was the object of the act, the career and status of the defendant, the circumstances leading the defendant to commit the act in paragraph 5 in relation to the act in relation to the act in question, whether the defendant was a dual organization, the relationship between the dual organization to which the defendant belongs, and the material goal and activities of the dual organization.