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3 civilians get suspended prison terms for flying drones into N. Korea

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This file photo, carried by North Korea's official Korean Central News Agency, Jan. 10, shows a drone that North Korea claimed was sent by South Korea across the border into the North's Jangphung County in Kaesong. Yonhap

This file photo, carried by North Korea's official Korean Central News Agency, Jan. 10, shows a drone that North Korea claimed was sent by South Korea across the border into the North's Jangphung County in Kaesong. Yonhap

A court on Wednesday handed down suspended prison terms to three civilians for flying drones into North Korea without permission while acquitting them of charges related to aiding the enemy.

The Seoul Central District Court sentenced a graduate student in his 30s, surnamed Oh, to an eight-month prison term suspended for two years and two others to prison terms of six months, also suspended for two years, on charges of violating the Aviation Safety Act.

The three were indicted on charges of sending drones across the inter-Korean border four times between last September and January to film North Korea. Two of the drones failed to return and crashed in North Korea, prompting Pyongyang to release statements criticizing Seoul after analyzing the recovered wreckage, flight logs and video footage.

The court found them guilty of operating drones exceeding 2 kilograms in weight, the threshold for mandatory prior reporting to the land ministry, without taking the required step. Drones made and operated by research institutes for testing or research purposes are exempt from the mandatory reporting, but those flown by the defendants did not qualify for such exemptions, the court noted.

The court, however, acquitted the three of "benefiting the enemy in general," a charge that covers acts that harm South Korea's military interests or give military benefits to the enemy, regardless of prior collusion.

Prosecutors had argued that North Korea extracted flight paths from an SD card inside the crashed drones, thereby compromising South Korea's air defense posture.

The court said that whether the drones had in fact carried SD cards has not been proven, and thus it is difficult to conclude that any meaningful military information may have been leaked to North Korea.

The prosecution had demanded a five-year prison term for Oh and three-year prison terms for the other two defendants.

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