The part against the defendant shall be reversed.

The defendant is not guilty. The defendant is not guilty.

On February 28, 1976, the Defendant, at around 21:00, tried to publish Section 31 of the Democratic Gu Declaration based on which he had found the Defendant’s house, and accepted the said Declaration to include the Defendant during that Declaration, hear the details and purport of the said Declaration and read it with printed printed materials, and then accepted it to be the said Declaration in line with the intent of the said Declaration, and thereby, as the above Declaration was signed by the said Declaration. The Defendant distorted, instigated, and publicize the abolition of the Constitution and Emergency Decree No. 9, and distorted and disseminated the facts concerning domestic and foreign circumstances.

‘The reason was that it was charged with violating the Presidential Emergency Decree (hereinafter referred to as the "Emergency Decree No. 9") aimed at protecting the national security and public order.

Accordingly, the Seoul Criminal Court sentenced the defendant to three years of imprisonment and suspension of qualifications on August 28, 1976 in the case of 76Gohap287 (Joint), and the Seoul Criminal Court, the appellate court, reversed the judgment of the first instance on December 29, 1976 in the case of 76No1835 and sentenced the defendant to three years of suspended sentence and suspension of qualifications for the two years of imprisonment.

Although the defendant appealed, the Supreme Court dismissed the defendant's appeal on March 22, 1977 and the above appellate judgment became final and conclusive.

On August 9, 2013, a claimant for retrial filed the instant petition for retrial, and accordingly, this Court rendered a final decision on August 19, 2013 as it became final and conclusive.

Summary of Grounds for Appeal

Defendant

The lower court erred by misapprehending the legal doctrine or misapprehending the fact with respect to the crime of distortion of fact, propagation of dys, and the crime of neglecting the above measures stipulated in Emergency Decree No. 9, and the crime of recommending

The sentence imposed by the court below against the defendant is too unfortunate and unfair.

The summary of the facts charged in the instant case is to announce the Democratic Gu Declaration from the J, which found Defendant’s house around February 28, 1976, to the end of Section 31, and to the Defendant during the declaration.