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(영문) 서울남부지방법원 2013.08.26 2011재고합14

대통령긴급조치제9호위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is that the Defendant is a student of the literature of D University and the Dongyang University.

A. From September 15, 1975 to October 17 of the same year, the Defendant and the E, F, G, etc. were assigned to D University and H were assigned to I University, respectively, and H were mutually gathered by the Defendant and H to take charge of preparing a draft of the printed object to be used in student demonstration, from around 15, 1975 to around 10,000 to around 10,000.

B. As between October 14, 1975 and October 19, 1975, in the name of Seongdong-gu in Seoul, and D University Literature University Library, published in the name of the J Union No. 2 No. 131 et al., 1971 et al., “to enhance the flag of democratic national unification,” the contents of which are extracted from some of the contents, thereby gathering the Defendant’s opinion, thereby demanding the abolition of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “new Constitution”); and

C. At around 15:00 on October 19, 1975, K and the above inducements were examined at the front of the above office, and after having L print the above inducements, K produced 1,300 copies of the above inducements by L. L. Around 16:00 on October 16, 1975, the Defendant obtained one copy of the inducements from the restaurant near the Nda located in Yongsan-gu Seoul Metropolitan City at around 16:0 on the 16th day of the same month, to use the above inducements for D University Demonstration with the content of demanding the resignation of K and L, etc. at the designated stop restaurant near the Nda located in Yongsan-gu, Yongsan-gu, Seoul.

D. At around 20:00 on the same day, the date and time of D University Demonstration, along with E, F, G, etc., from November 19, 1979 to 11:00 on the same day, D University Demonstration is openly denied by holding the said demonstration and holding the presidential emergency measures (hereinafter “Emergency Measures No. 9”) for the suppression against the Constitution of the Republic of Korea and the protection of national security and public order, without obtaining the prior permission of the school by distributing printed materials one hour prior to the aforementioned temporary use of D University S University Span.

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