대통령긴급조치제9호위반
The defendant shall be innocent.
1. On December 5, 197, the Defendant, at the main point of “D” located in Seongdong-gu Seoul Metropolitan Government on December 5, 1977, misrepresented the central information department staff, and took advantage of and disseminated a will visa, such as “The President ordered the principal and entertainment loans to die in 12 months,” and “the Government has been moving to Japan with the view of the F’s snow” at the same place on the following day.
2. According to the progress records of the case, the following facts are acknowledged.
Defendant was indicted as to the above facts charged by the Seoul District Court Sung-dong Branch 77 high 201, and the above court found the Defendant guilty of the above facts charged on January 27, 1978, and was enacted by the Presidential Emergency Decree No. 9 on May 13, 1975 for the protection of national security and public order (the Presidential Emergency Decree No. 9 on December 7, 1975), and revoked by the Presidential Notice No. 67 on December 7, 1979.
In accordance with paragraphs 7 and 1(a) of the Emergency Measure No. 9 (hereinafter “Emergency Measure No. 9”), a sentence of imprisonment with prison labor for one year and suspension of qualifications for one year was imposed.
The Defendant appealed against this and appealed by Seoul High Court 78No. 268, but the Seoul High Court sentenced the dismissal of appeal on May 11, 1978.
After filing a final appeal on May 14, 1978, the Defendant withdrawn it, and the said judgment subject to a final judgment became final and conclusive at that time.
On October 19, 2017, the prosecutor filed a request for retrial pursuant to Article 424 subparag. 1 of the Criminal Procedure Act, asserting that “The Emergency Measure No. 9 is null and void, and there are grounds for retrial in the judgment subject to a retrial on which a conviction was rendered based on the same.”
On April 17, 2018, there are grounds for retrial stipulated in Article 420 subparag. 5 of the Criminal Procedure Act and Article 47 subparag. 4 of the Constitutional Court Act in a judgment subject to a retrial.
On the other hand, the review commencement decision was made.
The above decision was finalized as it is.
3. The former Constitution of the Republic of Korea (amended by Act No. 9 of Oct. 27, 1980) of the Republic of Korea before its determination was made
(2) The term “new Constitution” refers to the term “new Constitution.”