대통령긴급조치제9호위반
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The following facts are acknowledged according to the records of the decision subject to review and the decision to commence a retrial.
A. Based on the facts charged as indicated in the attached Form, the Defendant was indicted for 77 high priority 341,346 (Joint) with the Seoul District Court’s Yeongdeungpo Branch. On January 28, 1978, the above court convicted the Defendant of the above facts charged, and sentenced the Presidential Emergency Measures for National Security and Protection of Public Order (hereinafter “Emergency Measures No. 9”) issued pursuant to Article 53 of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “former Constitution”), which was issued pursuant to Article 53 of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980) (hereinafter “Emergency Measures No. 9”).
B. Accordingly, the defendant and the prosecutor filed an appeal against the above judgment. On May 12, 1978, the Seoul High Court reversed the judgment of the court below on the grounds that the punishment of the court below is excessive, and sentenced one year and one year and one year of suspension of qualification as to the defendant (hereinafter “the judgment subject to a retrial”). The defendant appealed, but the Supreme Court dismissed the defendant’s appeal on September 12, 1978, thereby the judgment subject to a retrial became final and conclusive (Supreme Court Decision 78Do1526 Decided 78Do1526).
On January 3, 2018, the new mobilization by a prosecutor made a request for a retrial for the benefit of a defendant in accordance with Article 424 subparagraph 1 of the Criminal Procedure Act, and this court decided to commence a retrial on April 30, 2018 on the ground that there was a cause of reexamination under Article 420 subparagraph 5 of the Criminal Procedure Act in the judgment subject to a retrial.
The decision of the commencement of the above review was not made within the appeal period and the decision of the commencement of the review became final and conclusive as is.
2. Summary of reasons for appeal;
A. Defendant 1) Although the Defendant did not have committed a crime as stated in the facts charged, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the facts
2) Punishments sentenced by the lower court (one and half years of imprisonment).