국가안전과공공질서의수호를위한대통령긴급조치위반
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. On February 2, 1979, the Defendant was indicted for violation of the Presidential Emergency Decree by the Seoul District Court Incheon Branch of 78 Gohap150. The above court convicted the Defendant of all the charges and sentenced the Defendant to two years of imprisonment and suspension of qualifications by applying the Presidential Emergency Decree for the protection of national security and public order (hereinafter “Emergency Decree No. 9”).
B. On April 19, 1979, the Seoul High Court, upon appeal filed by the Defendant and the prosecutor, sentenced the Defendant to the effect that “the execution of the above imprisonment is suspended for one year of imprisonment and two years of suspension of qualification for one year” (hereinafter “the subject judgment for review”). The subject judgment for review was finalized on April 27, 1979.
C. On March 24, 2011, the Defendant filed a motion for a new trial on the instant judgment subject to a new trial with this Court Decision 201No37, and on May 7, 2013, this court rendered a clear judgment that the Emergency Measure No. 9 applied to the instant case was unconstitutional. As such, the judgment subject to a new trial rendered a decision to commence a new trial based on the determination that there was a ground for a new trial under Article 420 subparag. 5 of the Criminal Procedure Act, and the said decision to commence a new trial became final
2. Summary of grounds for appeal;
A. The lower court’s punishment against the Defendant (two years of imprisonment and two years of suspension of qualifications) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.
3. Before determining the grounds for appeal by the Defendant and the Prosecutor, this paper examined ex officio.
A. In the event of a serious crisis that is unable to cope with by the method of exercising power according to the constitutional order at ordinary times, whether Emergency Measure No. 9 is unconstitutional or not, the presidential decision on the national emergency power which is exercised to ensure the existence of the nation should be respected. However, this is the same.