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(영문) 서울남부지방법원 2014.01.17 2013재고합6

대통령긴급조치제9호위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who was enrolled in the second year of the Social College of G University.

A. At around 18:00 on October 6, 1978, the Chinese restaurant opposed the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “new Constitution”) from I, proposed to participate in a student demonstration openly slandering the presidential emergency measures for national security and the protection of public order (hereinafter “emergency measures No. 9”), and consented to the demonstration after which I agreed to seek students who actively participate in the demonstration, and led students who oppose the new Constitution with I, J, K, etc. and publicly slanderd subparagraph 9 of the Emergency Measures;

B. At around 07:10 on December 26, 1978, L, which was detained due to the above criminal facts, was detained in the room Nos. 1 and 24 of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, as well as in the case of violation of emergency measures, was publicly slandered by L, such as “family price,” “the removal of emergency measures,” and “the removal of emergency measures,” and “M, etc. in the same Dong,” and “the removal of emergency measures,” and “the removal of emergency measures,” and “the removal of emergency measures 9.”

2. Progress of this case

A. On February 24, 1979, by applying Emergency Decree No. 9(7), (1)(b), (c), and (d), the Seoul District Court found the Defendant guilty of all the charges and sentenced the Defendant to one year of imprisonment and suspension of qualifications.

(2) On May 31, 1979, the Seoul High Court dismissed all of the above appeals. While the Defendant appealed but the above appeal was withdrawn on July 28, 1979, the judgment subject to a retrial became final and conclusive on July 28, 1979.

B. On May 28, 2013, the Defendant filed a motion for a retrial regarding the instant judgment subject to a retrial, and this court rendered a motion on May 28, 2013.

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