The part against the defendant shall be reversed.

The defendant shall be innocent.

On May 25, 1976, the above court found the Defendant guilty of all the charges against the Defendant, the Defendant E (hereinafter “E”) and the Defendant F (hereinafter “F”) on May 25, 1976 and sentenced the Defendant to imprisonment for six years and six years of suspension of qualifications, E’s death, and F’s imprisonment for two years and two years of suspension of qualifications.

(The judgment above is the judgment of the court below).

Accordingly, Defendant, E, and public prosecutor filed an appeal as Seoul High Court 76No1396. On November 18, 1976, the above appellate court reversed the part of the judgment of the court below on the Defendant on the grounds of unfair sentencing, and sentenced the Defendant to three years and six months of imprisonment and suspension of qualifications, and dismissed the appeal by E and the public prosecutor, respectively.

C. Accordingly, the Defendant and E filed an appeal under the Supreme Court Decision 76Do4262, but on March 8, 1977, the judgment of dismissal of the appeal became final and conclusive.

(The part of the judgment of the appellate court against the defendant is the judgment subject to a retrial).

On June 8, 2016, the Defendant filed a petition for a new trial on the judgment subject to a new trial. On September 12, 2016, this court rendered a decision to commence a new trial on the grounds that there were grounds for a new trial under Article 420 subparag. 7 of the Criminal Procedure Act in the judgment subject to a new trial, and the said decision

2. Summary of grounds for appeal;

A. Even though the Defendant did not have committed the instant facts charged, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of the instant facts charged.

B. The prosecutor (unfair punishment) sentenced by the lower court to the Defendant (six years of imprisonment and six years of suspension of qualifications) is deemed to be too uneasy and unfair.

3. Judgment on the grounds for appeal by the defendant

A. As to the defendant, the summary of the facts charged of this case is stated in the annexed sheet.

B. On the grounds delineated below, the admissibility is determined.