국가안전과공공질서의수호를위한대통령긴급조치위반
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
According to the progress records of the case, the following facts can be acknowledged.
A. The Defendant, etc. was prosecuted as the facts charged as shown in the Attachment. On December 30, 1976, the first instance court found the Defendant guilty of the above facts charged, and sentenced the Defendant to five years of imprisonment and suspension of qualification for the Defendant by applying the Presidential Emergency Measure No. 9 (hereinafter “Emergency Measure No. 9”) No. 7 and No. 1-b for the protection of national security and public order.
B. On April 2, 1977, the appellate court reversed the judgment of the court below and sentenced the defendant to three years of imprisonment and suspension of qualification for the defendant (hereinafter “the judgment subject to a retrial”) on April 2, 197, and the defendant appealed to Supreme Court Decision 77Do143 on July 26, 197, but the judgment subject to a retrial became final and conclusive by dismissing the final appeal on July 26, 197.
Summary of Reasons for appeal
A. Fact-misunderstanding, misunderstanding of the legal principles and emergency measures are in violation of the Constitution that provides citizens with the right to petition, and are thus null and void in violation of the Act on Special Measures on National Security, which is a procedure corporation, and the act of the defendant et al. constitutes the exercise of the right to resist interest on a legitimate act, which is naturally entitled
In addition, the Defendant did not spread false facts that are prohibited by Emergency Decree No. 9.
B. The sentence that the court below sentenced to the defendant is too unreasonable.
The former Constitution of the Republic of Korea (amended by Act No. 9 of Oct. 27, 1980) of the Republic of Korea prior to its full amendment
The Emergency Measure No. 9, which was issued on the basis of the Emergency Measure stipulated in Article 53 of the Act, violates the fundamental rights of the people guaranteed by the Constitution by exceeding the bounds of the purpose without satisfying the necessary requirements, and by excessively restricting the freedom and rights of the people. Thus, prior to the cancellation or invalidation of Emergency Measure No. 9, it is in violation of the Act.