대통령긴급조치제9호위반
The judgment of the court below is reversed.
The defendant is innocent.
1. According to the records of the instant case, the following facts are recognized.
A. On July 29, 1978, the Chuncheon District Court sentenced the Defendant to the crime of violation of subparagraph 9 of the Presidential Emergency Decree (hereinafter “Emergency Decree”) in the case of the Presidential Emergency Decree No. 78, 26, 78, 32 (Joint) on July 29, 1978, and sentenced the Defendant to five years of imprisonment and suspension of qualification.
B. On November 24, 1978, the Seoul High Court (Seoul High Court Decision 78No1082, on which the Defendant and the Prosecutor appealed, reversed the judgment of the court below and sentenced the Defendant to a two-year imprisonment and a two-year suspension of qualification (hereinafter “the judgment on review”).
C. The Defendant appealed to the Supreme Court (78Do3137) but the Supreme Court rendered a judgment dismissing the appeal on February 13, 1979, and the judgment subject to a retrial became final and conclusive as it is.
2. Summary of grounds for appeal;
A. Defendant 1) Defendant 1’s criticism on the issue of general election in the agricultural community is not subject to the punishment of an emergency measure, and the part on the agricultural community is not distorted, and the Defendant did not write a letter about the situation of a private teaching institute and did not participate in the process of manufacturing printed materials, and the lower court’s conviction is erroneous in misunderstanding legal principles or misunderstanding of facts. 2) The lower court’s punishment is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. We examine ex officio the grounds for appeal by the defendant and the prosecutor prior to the determination of ex officio.
A. In the event of a serious crisis that is unable to cope with by the means of exercising power according to the constitutional order at ordinary times, whether Emergency Measure No. 9 is unconstitutional or not, the decision of the President on the national emergency power which is exercised to ensure the existence of the State should be respected. However, such a national emergency power is the minimum necessary to remove the direct cause of the crisis when the State is in a serious crisis.