대통령긴급조치제9호위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The following facts are acknowledged according to the records of the decision subject to review and the decision to commence a retrial.
A. On June 21, 1979, the Defendant was indicted for the Suwon Branch of Seoul District Court 79 High Court as stated in the attached facts charged. On June 21, 1979, the said court found the Defendant guilty of the above charges and sentenced the Defendant to imprisonment with prison labor for one year and six months and suspension of qualifications for the purpose of national security and protection of public order (hereinafter “Emergency Measure No. 9”).
B. The Defendant appealed for the reason that the sentencing was unfair, and the Seoul High Court reversed the first instance judgment on December 5, 1979 on the ground that the Defendant’s punishment was too heavy, and again convicted of the charges, and sentenced the Defendant to a suspended sentence of two years and suspension of qualification for one year by applying the Emergency Measure No. 9, No. 7 and No. 1(a) (hereinafter “instant judgment subject to a retrial”).
As the defendant renounces an appeal, the judgment subject to a retrial became final and conclusive.
(d)
On October 25, 2017, the prosecutor filed a request for retrial on October 25, 2017, and the Seoul High Court rendered a decision to commence retrial on May 3, 2018 on the ground that there was a reason for re-examination under Article 420 subparagraph 5 of the Criminal Procedure Act in the judgment subject to retrial.
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. The decision of the court below (one year and six months of imprisonment and one year and six months of suspension of qualifications) on the gist of the grounds of appeal is too unreasonable.
3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
A. The former Constitution of the Republic of Korea (wholly amended on October 27, 1980 by the Constitution No. 9 of the Republic of Korea prior to the amendment of the Emergency Decree No. 9 of the Republic of Korea)
The Emergency Measure No. 9, which was issued on the basis of the Emergency Measure stipulated in Article 53 of the Act on the Protection, etc. of People’s Republic of Korea (hereinafter referred to as “former Constitution”), is a citizen guaranteed by the Constitution by exceeding the bounds of its purpose without satisfying the requirements.