대통령긴급조치제9호위반
1. The part of the judgment of the court below against the defendant shall be reversed.
2. The defendant shall be punished by imprisonment for six months and suspension of qualifications;
1. According to the progress records of the case, the following facts are acknowledged.
A. The Defendant was prosecuted against the President’s violation of the Emergency Decree (hereinafter “Emergency Decree No. 9”) for the national security and protection of public order, the violation of the antipublic law, the violation of smuggling Control Act, the violation of the Narcotics Act, and the violation of the Narcotics Act (after the name of the crime was changed to the violation of the Control of Dangerous Drugs Act). On November 30, 1976, the said court convicted the Defendant of the violation of Emergency Decree No. 9, the violation of the antipublic law, the violation of the Stick Port Control Act, and the violation of the Stick Port Control Act, and sentenced the Defendant to three years and suspension of qualification, and the said court acquitted the Defendant of the violation of the Dangerous Drugs Control Act.
B. Accordingly, the defendant and the prosecutor filed an appeal with Daegu High Court 77No. 19, while the above appellate court maintained the guilty judgment on March 31, 197, and accepted the defendant's unfair assertion of sentencing, reversed the judgment below, and sentenced the defendant to two years of imprisonment and suspension of qualification for the defendant, and sentenced the defendant not guilty of the violation of the Punishment of Dangerous Drugs Act (hereinafter "the judgment subject to a retrial").
After that, the Defendant and the Prosecutor appealed to the judgment subject to a retrial and filed a final appeal with the Supreme Court Decision 77Do1360, but on July 12, 1977, both the final appeal by the Defendant and the Prosecutor was dismissed, and the same date became final and conclusive on the same day.
(d)
On December 29, 2017, a prosecutor filed a petition with this court for a new trial on the judgment subject to a new trial. On January 24, 2018, this court rendered a decision to commence a new trial on the whole of the judgment subject to a new trial on the grounds that there are grounds for a new trial as stipulated in Article 420 subparag. 5 of the Criminal Procedure Act regarding the violation of Emergency Decree No. 9 among the judgment subject to a new trial, and the said decision became final and conclusive
2. The scope of trial and examination of this court;
(a) Reopening of procedure is recognized only for the benefit of the defendant in respect of the final judgment of conviction;