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(영문) 서울고등법원 2013.07.03 2011재노130 (1)

국가안전과공공질서의수호를위한대통령긴급조치위반

Text

The judgment below

The parts against the Defendants are reversed.

Defendants are not guilty. Defendants are not guilty. They are not guilty.

Reasons

1. According to the records, the following facts are acknowledged. A.

The Defendants were prosecuted as the facts charged as set out in the following paragraph 3, and the Seoul District Criminal Court found the Defendants guilty on August 28, 1976, and sentenced the imprisonment with prison labor for each of the eight years and suspension of qualifications for the Defendant’s net ABCH, for each of the eight years of imprisonment with prison labor and eight years of suspension of qualifications for the Defendant’s net ABCH, for each of the five years of suspension of qualifications for the Defendant’s network DEO, and for the Defendant KALFM, four years of suspension of qualifications and four years of imprisonment with prison labor for Defendant G, three years of suspension of qualifications and three years of suspension of qualifications for Defendant G, and two years of suspension of qualifications and two years of suspension of qualifications for Defendant net N, respectively.

B. The Seoul High Court, the appellate court of the above judgment, rejected the Defendants’ grounds for appeal on December 29, 1976, and all of the grounds for appeal, reversed the judgment of the first instance on the grounds of unfair sentencing, and sentenced the Defendant’s net ABCH ex officio for five years of imprisonment and suspension of qualification, five years of suspension of qualifications, three years of imprisonment and three years of suspension of qualifications, and two years and six months of suspension of qualifications, and two years and six months of imprisonment, and two years of suspension of qualifications for Defendant G and Defendant’s network N, three years of suspension of qualifications and two years of suspension of qualifications, respectively.

C. Although the Defendants appealed, the Supreme Court dismissed the Defendants’ final appeal on March 22, 197 by 77Do44 Decided March 22, 197, and the said appellate judgment became final and conclusive.

On October 4, 2011, petitioners filed the instant petition for retrial on the ground that the Emergency Decree No. 9 infringes on the fundamental rights of the people guaranteed by the Constitution, and thus, is null and void. Accordingly, the instant petition for retrial rendered on May 28, 2013 by this Court became final and conclusive as it is.

2. Summary of grounds for appeal;

A. Defendants 1) The instant act that did not indicate the Defendants (hereinafter “the network”) is urged to observe the norm.