대통령긴급조치제9호위반
The judgment of the court below is reversed.
Defendants are not guilty. The summary of the judgment of innocence is publicly notified.
1. On June 4, 1976, the Seoul Criminal Court found the Defendants guilty of violation of the Presidential Emergency Decree (hereinafter “Emergency Decree No. 9”) for the national security and the protection of public order against the Defendants, and concluded that Defendant A was sentenced to five years of imprisonment and suspension of qualifications, two years of suspension of qualifications, two years of imprisonment, one year of suspension of qualifications, and one year of suspension of qualifications to Defendant D, and one year of suspension of qualifications, respectively (76 height 364). The Defendants and the prosecutor appealed. The Seoul Criminal Court reversed the judgment of the lower court, and rejected the Defendant A three years of imprisonment and suspension of qualifications, one year and six years of suspension of qualifications, and one year and six months of imprisonment, and one year and six months of suspension of qualifications, and one year and one year and six months of suspension of qualifications, and two years and one year and six years of suspension of qualifications, and two years and one year and one year and two years of suspension of qualifications, and the two years and one year and one year and seven years of suspension of qualifications to Defendant D, respectively, and dismissed the lower court on the judgment.
The decision to commence the above review was finalized as it is, because there was no legitimate filing of appeal within the appeal period.
2. Summary of grounds for appeal;
A. Defendants 1) did not commit this case. Defendants 1 did not commit this case.
2) The sentence of the lower court’s improper sentencing is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.
3. In a case where an ex officio review of judgment has commenced, the statutes applicable to criminal facts are the statutes at the time of new judgment.
Where statutes are modified at the time of judgment subject to retrial, the court shall apply the statutes at the time of judgment on retrial to facts constituting an offense, and where such statutes are repealed, it shall apply Article 326 subparag. 4 of the Criminal Procedure Act to such