대통령긴급조치위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged in this case against the defendant is as shown in the annexed sheet.
2. Case progress
A. On September 7, 1974, the Emergency General Law Meeting established by Article 53 of the former Constitution of the Republic of Korea (amended by Act No. 9 of Oct. 27, 1980, hereinafter “former Constitution”) and subparagraph 2 of the Presidential Emergency Decree No. 8 of Jan. 8, 1974, recognized the Defendant as guilty of the charges stated in the attached Form, and sentenced the Defendant to 15 years of imprisonment and suspension of qualifications for a violation of subparagraph 1 of the Presidential Emergency Decree.
(hereinafter referred to as “the subject decision for review”). After the judgment for review, the Defendant’s appeal was dismissed on October 11, 1974 by the High Military Court Decision 74Da3492 decided January 28, 1975, and the Defendant’s appeal was dismissed and finalized as it is.
B. On May 23, 2018, a claimant for a retrial filed a petition for a retrial on the judgment subject to a retrial. This court accepted a petition for retrial by the petitioner for a retrial and rendered a decision to commence a retrial on August 18, 2020, and the decision to commence a retrial became final and conclusive without a legitimate appeal within the period of an immediate appeal.
3. The statutes applicable to criminal facts in a case where a new trial to be taken by the court is commenced where the repealed or invalidated penal punishment becomes null and void from the beginning of the original judgment. Thus, where the statutes were modified at the time of the judgment for new trial, the statutes at the time of the judgment for new trial should be applied to the crime, and where the statutes were repealed, the court shall render a decision of acquittal by applying Article 326
However, in a case where the penal law has retroactively lost its effect due to the decision of unconstitutionality by the Constitutional Court, or the court has declared that the statute has been unconstitutional, the court shall render a verdict of innocence to a prosecuted case against which a public prosecution was instituted by applying the pertinent statute in accordance with
(2).