대통령긴급조치제9호위반
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. The summary of the facts charged in this case against the defendant is as shown in the annexed sheet.
2. Case progress
A. On July 14, 1977, the Seoul Criminal District Court convicted the Defendant of the charges as stated in the attached Form, 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”). After which the Seoul High Court rendered a judgment for review, the appeal was dismissed on November 3, 197, 77 No. 77No1246 and 76No673 (combined) and became final and conclusive around that time.
B. After October 24, 2013, the Defendant filed a request for a retrial on the judgment subject to a retrial. This court accepted the Defendant’s request for retrial and rendered a decision on commencing a retrial on December 18, 2013, and the decision on commencing a retrial became final and conclusive as it did not file a legitimate appeal within the period for filing an immediate appeal.
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 the statute has been unconstitutional, the court shall render a verdict of innocence to a prosecuted case against which a public prosecution was instituted by applying the pertinent statute in accordance with
Furthermore, even if the penal law was repealed at the time of a new judgment, if it was against the Constitution and has no effect, it would not be a crime under the former part of Article 325 of the same Act.