대통령긴급조치위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On September 7, 1974, the General Military Court Conference, which found the Defendant guilty of violating the Presidential Emergency Decree against the Defendant, sentenced to 12 years of imprisonment and 12 years of suspension of qualifications (hereinafter “the judgment subject to a retrial”). The Defendant appealed against this, but the Defendant appealed on October 11, 1974 at the military court conference of non-emergency high-ranking, etc. (No. 56 of non-military type No. 74). While the Defendant was on the part of the Defendant, the Supreme Court sentenced the dismissal of the appeal on January 28, 1975 (Supreme Court Decision 74Do3492), the said judgment became final and conclusive (Supreme Court Decision 74Do3492), and the said judgment subject to a retrial became final and conclusive.
On March 23, 2018, a prosecutor requested a retrial on March 23, 2018, and this court rendered a decision to commence a retrial on July 18, 2018 on the ground that there was a reason for re-examination under Article 420 subparagraph 5 of the Criminal Procedure Act in the judgment subject to retrial.
The decision to commence a new trial was finalized because there is no legitimate appeal within the appeal period.
2. The summary of the facts charged is as shown in the annexed sheet;
3. The statutes applicable to criminal facts in a case where a new trial for judgment has commenced are the statutes at the time of a new trial.
In the event that the law was amended at the time of the judgment subject to new trial, the court shall apply the law to the crime at the time of the judgment for new trial, and if the law was repealed, the court shall render a judgment of acquittal for the crime by applying Article 326, subparagraph
However, even if the penal law was repealed at the time of a new judgment, if the abolition was against the Constitution and has no effect, it constitutes a ground for innocence under the former part of Article 325 of the Criminal Procedure Act, and it does not constitute a ground for acquittal under Article 326 subparag. 4 of the Criminal Procedure Act (see Supreme Court Decision 2010Do5986, Dec. 16, 2010). Presidential Emergency Decree No. 1 was released by the Presidential Emergency Decree No. 5 on August 23, 1974.
However, the old Constitution of the Republic of Korea ( October 27, 1980) is the Constitution of the Republic of Korea.