대통령긴급조치제9호위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. According to the records of the instant case, the following facts are recognized.
A. The Defendant was prosecuted on the charge of violating the Presidential Emergency Decree, and the Daejeon District Court convicted all of the charges on February 9, 1979, and sentenced the Defendant to one year and six months of imprisonment and one year of suspension of qualification by applying the Presidential Emergency Decree in order to protect the national security and public order (hereinafter “Emergency Measure No. 9”).
B. As the Defendant and the prosecutor appealed, the Seoul High Court reversed the judgment of the court below on May 21, 1979 in 79No465, and sentenced one year imprisonment and one year suspension of qualification to the Defendant (hereinafter “the judgment on review”), and the above judgment became final and conclusive as it is.
C. On April 11, 2011, the Defendant filed the instant petition for retrial. Accordingly, the instant petition for retrial rendered by this court on May 10, 2013 became final and conclusive as is, the instant petition for retrial rendered on May 10, 2013.
2. Summary of grounds for appeal;
A. Defendant 1) Emergency measures cannot be deemed as a lawful law of the Republic of Korea, and the Defendant is not guilty. 2) The lower court’s punishment is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. We examine ex officio the reasons for appeal by the defendant and prosecutor prior to the determination of ex officio.
A. In the event of a serious crisis that is unable to cope with by the method of exercising power in accordance with the constitutional order at ordinary times as to whether Emergency Measure No. 9 is unconstitutional, the decision of the President with respect to the national emergency power which is exercised to ensure the existence of the State should be respected. However, such a national emergency power must be exercised within the minimum extent that is indispensable to remove the direct cause of the crisis when the State is in a serious crisis. Accordingly, it must conform to the constitutional requirements and limits for exercising the national emergency power, which requires the national emergency power.