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(영문) 부산지방법원 2020.09.18 2020고합325

국가안전과공공질서의수호를위한대통령긴급조치위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

The summary of the facts charged is as follows: (a) the Defendant was attending the mechanical engineering of the public college at B University and the third year, and was in violation of the Presidential Emergency Decree for the Protection of National Security and Public Order (hereinafter “Emergency Decree No. 9”) by participating in the demonstration and the outdoor demonstration that criticizes the government policy and reality on October 17, 1979 at around 15:0-23:00 of October 16, 1979, while attending the demonstration and the surrounding industrial roads of B University at the school in and around B University, and at around 09:0 of October 17, 1979, the Defendant went to the police.

2. Case progress

A. On October 17, 1979, the Defendant was arrested by the police near B University on October 17, 1979, and went to the Busan East Police Station. On October 26, 1979, the Defendant was detained from the Busan East Police Station. Around October 26, 1979, the Defendant was released from the said police station on November 14, 1979.

B. On the ground that the Defendant is a person detained in a trial subject to review in relation to the Mapo Democratic Aviation Dispute, the Defendant filed an application with the Committee for Deliberation on the Truth of the Mapo Democratic Aviation and the Restoration of Honor of Related Persons (hereinafter “Committee”) for recognition as a person related to the Mapo Democratic Aviation (hereinafter “the Committee”) under the Act on the Restoration of Honor and Compensation, etc. for Persons Related to the Mapo Democratic Aviation.

On January 29, 2020, the commission decided that “the defendant recognizes the defendant as a person related to the father-gu Democratic Aviation” based on the defendant’s statement, explanatory materials, etc.

C. On April 9, 2020, the Defendant filed a request for a retrial against a trial subject to a retrial. On June 25, 2020, this Court rendered a decision of commencing a retrial (2020 re-decision) pursuant to Article 11 of the Marinsive Dispute Compensation Act, Article 16 of the Procedure for Summary Trials Act, and Article 435(1) of the Criminal Procedure Act, and it became final and conclusive as it is.

3. Determination

(a)emergency measures;