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(영문) 청주지방법원 2018.06.28 2017재노10

반공법위반

Text

The judgment below

On June 1975, the part of the violation of the public law shall be reversed.

Of the facts charged in the instant case, June 1975.

Reasons

1. Progress of judgment and scope of judgment of this court;

A. According to the progress records of the trial, the following facts can be acknowledged.

1) The defendant and the defendant (hereinafter referred to as "defendants") were indicted as charges of violating the former Anti-Public Law (amended by Act No. 3318, Dec. 31, 1980; hereinafter the same shall apply) as stated in the attached Form, and were sentenced to three years of imprisonment and suspension of qualification for the defendant, by recognizing that all facts charged are guilty on February 4, 1976.

2) The Defendant and the Prosecutor appealed against the above judgment. On July 14, 1976, the Cheongju District Court reversed the judgment of the court below on July 14, 1976, and sentenced Defendant not guilty of the violation of the former Antipublic Law (Article 1 of the facts charged) on June 15, 1975, as to two years of imprisonment and suspension of qualification, and the remainder of the violation of the former Antipublic Law (Article 2 of the facts charged) on August 15, 1975 (hereinafter “instant judgment subject to a retrial”) (Article 76Do253 of the facts charged). The Defendant appealed against the guilty part of the judgment subject to a retrial as Supreme Court Decision 76Do253, and on September 28, 1976, the Defendant’s final appeal was dismissed, and the conviction part among the instant judgment subject to a retrial became final and conclusive as is.

4) On October 17, 2017, the Defendant requested a retrial against the instant judgment subject to a retrial. On February 21, 2018, the court rendered a retrial on the guilty portion among the instant judgment subject to a retrial under Articles 420 subparag. 7 and 422 of the Criminal Procedure Act.

A decision of commencing a new trial was made and the decision became final and conclusive.

B. As seen earlier, the part of the judgment subject to a retrial was found guilty among the instant judgment subject to a retrial (the violation of the former Antipublic Law by early June 1975). Since the part not guilty among the instant judgment subject to a retrial (the violation of the former Antipublic Law by August 15, 1975) was excluded from the scope of the judgment subject to a retrial, the scope of the judgment of this court is the first patrolman of June 1975 among the judgment below.