beta
(영문) 서울중앙지방법원 2013.05.08 2011재고합11 (1)

대통령긴급조치제9호위반

Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is that the Defendant has completed two years in economics at D University, Gigi University, and is in a leave of absence.

A. On June 26, 1978, around 18:30 on March 26, 1978, in front of the Sejong Culture Center located in Jongno-gu, Jongno-gu, Seoul, there are about 500 students, etc. of the E University, and there is a combination of the reliefs, such as the E University students, such as the removal of a new constitution, the "Motado", and the "Detention Students' Release," and the police officers, as a witness to voluntarily carry out the name of the police officers, and the protested against the abolition of the Constitution of the Republic of Korea by demonstration, such as:

B. At around 06:20 on October 3, 1978, the Seoul District Criminal Court, which was prosecuted for the instant case and pending before the trial, asserted the abolition of the Constitution of the Republic of Korea by means of two out-time demonstration, including, but not limited to, four persons, etc. who were confined together within the 16th house located in the 5th house located in the Seoul District Criminal Court, and persons who were confined in the 16th house located in the 5th house located in the 16th house located in the 5th house located in the 5th house located in the 1978.

2. Case progress

A. On November 27, 1978, the Seoul Criminal District Court found the Defendant guilty of the charges in this case and sentenced the Defendant to two years of imprisonment and suspension of qualifications for a violation of the Presidential Emergency Decree No. 9 (hereinafter “The Judgment on Review”). After the Seoul High Court, the judgment subject to review was dismissed by 79No23 decided February 28, 1979, and the appeal was dismissed by 79Do697 decided May 22, 1979 and became final and conclusive as it is.

B. Since February 28, 2011, this Court accepted the Defendant’s claim for a retrial against a judgment subject to a retrial by this Court 2011 Inventory111, and rendered a decision to commence a retrial on January 10, 2013, and the prosecutor filed an immediate appeal on January 11, 201, and the same year thereafter was the same by a prosecutor.

3. 25. Withdrawal of an immediate appeal, which became final and conclusive around that time.

3. The punishment which is repealed or invalidated.

참조조문