대통령긴급조치제9호위반
The judgment below
The part against the defendant shall be reversed.
The defendant is not guilty. The defendant is not guilty.
According to the progress records of the case, the following facts are acknowledged. A.
Defendant
On February 1, 1978, the Seoul District Criminal Court convicted the defendant of all the charges against the defendant, and sentenced the defendant for 10 months and suspension of qualification for 10 months.
(Seoul Criminal Court 77Gohap877). (b)
Defendant
On June 23, 1978, the Seoul High Court reversed the judgment of the court below ex officio on the grounds that the lower limit of qualification suspension under the Criminal Act is one year, and sentenced ten months of imprisonment and suspension of qualification to the defendant.
(Seoul High Court 78No388, hereinafter referred to as the "instant judgment subject to a retrial").
The Defendant appealed to the Supreme Court 78Do1884 regarding the instant judgment subject to a retrial but was dismissed on September 26, 1978, and the said judgment became final and conclusive on the same day.
On January 25, 2012, the Defendant filed a request for retrial of this case, and accordingly, this Court rendered a final decision on June 5, 2013, which became final and conclusive as it is.
Summary of Grounds for Appeal
A. The lower court committed an unlawful act that infringes on the Defendant’s right to open trial by proceeding with the trial proceedings without violating the provisions regarding the disclosure of trial records.
B. The sentence imposed by the prosecutor by the court below (ten months of imprisonment, suspension of qualifications for ten months) is too unhued and unreasonable.
The summary of the facts charged in this case is as shown in the attached indictment.
In a case where the statutes on the ex officio judgment punishment have retroactively lost its effect due to the decision of unconstitutionality by the Constitutional Court or the court has declared that such statutes are unconstitutional, the court shall render a verdict of not guilty for a prosecuted case which has been prosecuted by applying the relevant statutes.
Furthermore, the Act on Punishment was repealed.
Even if the "debristion" is in violation of the Constitution and has no effect from the beginning.