대통령긴급조치제9호위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Each of the facts charged in this case.
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 March 22, 1979, the Defendant was indicted under the order of 176 and 227 of the Seoul District Court's Suwon Branch of 78 high order 176 and 79 high order (combined) as stated in the attached facts charged. On March 22, 1979, the above court rendered a concurrent treatment with the suspension of qualifications for each of the following crimes by applying Articles 7 and 1(a) of the Presidential Emergency Measures for National Security and the Protection of Public Order (hereinafter "Emergency Measures Measure No. 9"), and Article 2(2) of the former Punishment of Violences, etc. Act (amended by Act No. 3279, Dec. 18, 1980; hereinafter the same shall apply) with respect to night injury, and Article 47 of the former Criminal Act (amended by Act No. 5057, Dec. 29, 195; hereinafter the same shall apply).
B. As to this, the Defendant and the Prosecutor appealed, and the Seoul High Court reversed the judgment of the court below on July 5, 1979 on the ground that the sentence of the court below is too unreasonable, and sentenced to one year of imprisonment and suspension of qualification for the Defendant (Seoul High Court Decision 79No574, hereinafter “the judgment subject to a retrial”) and the above judgment became final and conclusive.
(c)
On December 28, 2017, the prosecutor filed a request for a retrial for the benefit of the defendant in accordance with Article 424 (1) of the Criminal Procedure Act.
On May 3, 2018, the Seoul High Court rendered a sentence for a violation of the Emergency Decree No. 9 and the Punishment of Violences, etc. Act as concurrent crimes under the former part of Article 37 of the former Criminal Act. Among the crimes of violation of Article 420 Subparag. 5 of the Criminal Procedure Act, the Seoul High Court rendered a decision to commence a new trial on the whole of the judgment subject to a new trial on the grounds that the new trial under Article 420 Subparag. 5 of the Criminal Procedure Act was due to the fact that the first trial under Article 420 Subparag. 9 of the said Act
2. Summary of grounds for appeal;
A. Defendant 1).