The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

A. On September 28, 1978, in the case No. 249 of the 78th General Law Meeting, the Defendant was sentenced to imprisonment with prison labor for 10 years and suspension of qualifications for the crime of violating the Presidential Emergency Decree (hereinafter “Emergency Decree No. 9”) aimed at protecting the national security and public order.

B. On December 11, 1978, the judgment of the court below was reversed and sentenced to two years of imprisonment and suspension of qualification for the defendant (hereinafter “instant judgment subject to a retrial”), and the defendant appealed against the above judgment, but on March 13, 1979, the judgment of dismissal of appeal was pronounced on December 13, 1979.

C. On October 23, 2013, the Defendant filed the instant petition for retrial. Accordingly, the instant petition for retrial rendered on December 6, 2013 by this Court became final and conclusive on December 6, 2013.

2. Summary of grounds for appeal by the defendant;

A. The court below found that there was no misunderstanding of facts or misunderstanding of legal principles that the Defendant did not have any relief such as the procession of demonstration and the removal of a new constitution by participating in farming, and that only the Defendant’s confession forced as the sole evidence was guilty.

B. The lower court’s sentence imposed on the Defendant is too unreasonable.

3. Article 472 of the Military Court Act provides that the retrial of this case shall have jurisdiction over the Supreme Court or the military court which rendered the original judgment. However, since jurisdiction is premised on jurisdiction of the military court, if the military court does not have jurisdiction over the retrial case, jurisdiction over the retrial case is not the military court which rendered the original judgment but the general court

(See Supreme Court en banc Decision 84Do2972 delivered on September 24, 1985). The Defendant was removed from the military after the instant judgment subject to a retrial, and did not constitute the status of a soldier or military employee, and Article 2(1)1 of the Military Court Act and the Military Criminal Act.