대통령긴급조치제9호위반
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. On September 13, 1978, from around 15:10 to 15:25, Defendant A, H, I, and J violated the presidential emergency measures for the protection of national security and public order by openly putting about 130 students at the bus stops in Gwanak-gu, Seoul Special Metropolitan City, for the purpose of protecting the nation’s safety and public order.
2. Case progress
A. On February 24, 1979, the Yeongdeungpo Branch of the Seoul District Court found the Defendant guilty of the facts charged in the instant case and sentenced the Defendant to one year of imprisonment and suspension of qualifications for a violation of the Presidential Emergency Decree No. 9 (hereinafter “the Judgment on Review”), and the judgment subject to review became final and conclusive on June 21, 1979.
B. On April 1, 2011, the Defendant filed a motion for a new trial with the Seoul Southern District Court on April 1, 201, and the said court rendered a decision of commencing a new trial on May 15, 2013, and the said decision became final and conclusive around that time.
3. Measures to be taken by the court where the abolished or invalidated penal-related Acts and subordinate statutes are invalidated initially.
A. Since the statutes applicable to criminal facts in a case for which a new trial has commenced are the statutes at the time of a new trial, the court shall apply the statutes at the time of the new trial to the criminal facts where the said statutes were modified, and in principle, render a judgment of acquittal for the criminal facts by applying Article 326 subparag. 4 of the Criminal Procedure Act
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 it is unconstitutional, the court shall apply the applicable law to the prosecuted case against which a public prosecution was instituted.