대통령긴급조치제9호위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The following facts are acknowledged according to the records of the decision subject to review and the decision to commence a retrial.
A. On July 13, 1977, the Defendant was indicted as Seoul Criminal Court 77 Gohap 254 on the charges stated in the separate sheet. On July 13, 1977, the same court found the Defendant guilty of the above charges and sentenced the Defendant to five years of imprisonment and suspension of qualification for the Defendant by applying Articles 7 and 1(a) of the Presidential Emergency Decree for the protection of national security and public order (hereinafter “Emergency Decree No. 9”).
B. The Defendant and the Prosecutor appealed. On October 6, 197, the Seoul High Court reversed the judgment of the court below on the grounds that the Defendant’s punishment is too heavy, and subsequently convicted of the above charges, and sentenced the Defendant to three years of imprisonment and suspension of qualification by applying the Emergency Measure No. 9, No. 7 and No. 1(a) to the Emergency Measure No. 9, No. 3, and three years of suspension (hereinafter “the judgment subject to a retrial”).
The defendant appealed to the Supreme Court on December 27, 197, but the final appeal was dismissed on December 27, 197, which became final and conclusive.
(d)
On November 22, 2017, a prosecutor filed a request for a retrial, and the Seoul High Court rendered a decision to commence a retrial on May 3, 2018 on the grounds that there was a ground that there was a ground for re-examination under Article 420, subparagraph 5 of the Criminal Procedure Act in the judgment subject to a retrial, and the decision to commence the retrial became final and conclusive as
2. Summary of grounds for appeal;
A. The judgment of the court below contains an error of misunderstanding the facts, and the sentence of the court below is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
A. The former Constitution of the Republic of Korea (wholly amended on October 27, 1980 by the Constitution No. 9 of the Republic of Korea prior to the amendment of the Emergency Decree No. 9 of the Republic of Korea)
The Emergency Measure No. 9, which was issued on the basis of the Emergency Measure stipulated in Article 53 of the Act, (hereinafter referred to as “the Act”), exceeded the bounds of the purpose without satisfying the requirements, and exceeds the freedom and rights of the people.