2. Case progress

A. With respect to the attached facts charged on July 4, 1974, the prosecutor refers to the government of the National Security Act (amended by Act No. 3318 of Dec. 31, 1980) and Articles 1 subparag. 2 and 11 and 11 of the former National Security Act (amended by Act No. 3318 of Dec. 31, 1980), or forms a association or group (hereinafter referred to as an "an anti-government organization") with the intention to disrupt the State

2. A person who has been engaged in the duties of executive officers or guidance shall be punished by death or imprisonment for life or for not less than five years;

Article 11 (Suspension of Qualifications) When the punishment of imprisonment is to be imposed in respect of the crimes under this Act, suspension of qualifications not more than the maximum term of that punishment shall be concurrently imposed;

Articles 3 (1), 5 (1) and 3 (1) and (1) (1) of the Anti-Public Act (amended by Act No. 3318, Dec. 31, 1980; hereinafter the same shall apply) (1) Any person who solicits another person to join an anti-government organization or to join an anti-government organization, shall be punished by imprisonment for not more than seven years.

Article 5 (Meeting, Communications, etc.) (1) Any person who contacts a member or a person who has received an order from an anti-government organization or a foreign country, or receives money or goods by meeting, communication, or any other means, knowing that he becomes an interest in the public relations of the organizations or foreign countries, shall be punished by imprisonment for not more than seven years

By applying B, the defendant was prosecuted for the violation of the National Security Act and the violation of the anti-public law.

B. On November 26, 1974, the Seoul Criminal District Court found the Defendant guilty of all the charges and sentenced the Defendant to a suspended sentence of five years and a suspended sentence of three years.

(74 Gohap445) The decision subject to a retrial was finalized on December 4, 1974 because all the Defendant and the prosecutor did not appeal.

C. On March 22, 2019, the Defendant filed a motion for a retrial on a judgment subject to a retrial, and this court rendered a decision to commence a retrial on May 8, 2019.

3. Determination

A. The facts charged that found the Defendant guilty in the judgment subject to a retrial are as follows: (a) the first university draft case after October 17, 1972, which was organized by the police and the central information department.