대통령긴급조치제9호위반
The defendant shall be innocent.
1. From May 22, 1975 to May 13:00 of the facts charged in the instant case, approximately 4 to 500 students, and around 14:00 students in front of the library located in the E University, following the removal of the former Constitution (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “new Constitution”) from April 11, 1975, the F’s tendency, which had been committed by asserting the removal of the same from the U.S. Constitution (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “the U.S. Constitution”) was obsting the F’s spirit through a survey, and through a reading order, such as the anti-reader declaration demanding the removal of the U.S. Constitution, the instant assembly continued to be prohibited from spreading the screen, and the number of students, such as 150 and 200 and 300 and 300 and 1500 and 1000 and 10.
On May 22, 1975, the Defendant participated in the gap of the above assembly students from around 13:00 to 14:00, while attending the college of education at E University, and convened. When the above students entered the screen with a conspiracy, the Defendant entered the Do newsletter with the police officer, etc., and participated in the demonstration at the same time.
2. Progress of this case
A. On December 27, 1975, by applying the Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Decree No. 9”), the Seoul Civil and Criminal District Court rendered a judgment of conviction for all the charges of the Defendant, and sentenced the Defendant to ten months of imprisonment and suspension of qualification for ten months (hereinafter “instant judgment subject to a retrial”), and the said judgment became final and conclusive as it is.
B. On April 24, 2014, the Defendant filed a motion for a new trial regarding the instant judgment subject to a new trial, and the said court rendered this judgment.