대통령긴급조치제9호위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged is as follows: at around 13:00 on September 18, 1976 and around 15:00 on Mar. 18, 1976, the Defendant: “8.15 on Musan-si (hereinafter referred to as “8.15 on Muan-si case”) sent E to Korea by one of the following persons, who is not sent C when considering E’s initial house or family members, but who has a extreme flance against the government’s policies, from among the subpas in Japan, among the subpas in Korea.
The expression “lowly,” and distorted the fact to spread it.
2. Determination of the original judgment and decision to commence a retrial
A. As the facts charged in the instant case, the Defendant was indicted as Busan District Court Msan Branch 77 high 51 on May 11, 197, and the said court found the Defendant guilty of all the charges against the Defendant on May 11, 197, and sentenced the Defendant one year and suspension of qualification for the Defendant by applying Articles 7 and 1(a) of the Presidential Emergency Decree (Presidential Emergency Decree No.9, May 13, 1975) for the National Security and the protection of public order (hereinafter “Emergency Decree No.9”) (hereinafter “instant judgment subject to a retrial”). (b) The Defendant and the Prosecutor appealed against the instant judgment subject to a retrial, but dismissed on September 23, 197, Daegu High Court 77 No. 498, the appellate court dismissed and finalized on September 23, 197.
(c)
On October 26, 2017, a prosecutor filed a request for a retrial on which this Court rendered a decision to commence a retrial on March 20, 2018 on the grounds that there are grounds for retrial under Article 420 subparag. 5 of the Criminal Procedure Act in the judgment subject to retrial, and the said decision to commence a retrial became final and conclusive as is, on the grounds that no legitimate appeal is filed within the period of appeal.
3. Determination
A. The former Constitution of the Republic of Korea (wholly amended on October 27, 1980 by the Constitution No. 9 of the Republic of Korea prior to the amendment of the Emergency Decree No. 9 of the Republic of Korea)
The Emergency Measure No. 9, which was issued on the basis of the Emergency Measure stipulated in Article 53 of the Act, (hereinafter referred to as “the New Constitution”), exceeded the limits of the people’s freedom and rights without satisfying the requirements.