대통령긴급조치제9호위반
Defendants are not guilty.
1. The summary of the facts charged in the instant case, Defendant A and B meet with other students at the Seongbuk-gu Seoul Metropolitan Government D branch on five to six occasions from May 14, 1975 to May 21, 1975, and meet with other students at the Seongbuk-gu Seoul branch on May 22, 1975, and the same year at the top of the Central Library of E University around 13:00 on May 22, 1975
4. At around 13:00 on May 22, 1975, he planned to hold a student assembly or demonstration claiming the removal, etc. of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter referred to as the “new Constitution”) while holding a funeral ceremony for students in E University deaf-F, who were killed during the student assembly. G et al. examined a flick card prepared by Defendant C before H campus 3 of E University Hampus 3. At around 0:0 on May 13:0, 1975, he et al., after putting about 200 students gather in front of the Central Library, and went up to 30-30-300 out of the Seoul National University’s front stairs, and 1.5-5-300 out of the Seoul National University Declaration, etc., he et al., al., called “one-5-20-30 out of the Seoul National University Declaration.”
2. Progress of this case
A. On February 28, 1976, the Yeongdeungpo Branch of the Seoul District Court rendered a suspended sentence of one year and six months of imprisonment and one year and six months of suspension of qualification, one year and six months of suspension of qualification, and three years of suspension of qualification, respectively, to Defendant A, by applying Article 7(1)(b) and (c) of the Presidential Emergency Decree (hereinafter “Emergency Decree No. 9”) for the national security and the protection of public order.