The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The following facts are acknowledged according to the progress records of the instant case.

A. The Defendant was indicted with the same content as the summary of the facts charged (Seoul Criminal Court 77 Gohap 887). On February 8, 1978, the Seoul Criminal Court found the Defendant guilty of the facts charged and sentenced the Defendant to two years imprisonment and suspension of qualifications by applying Articles 7 and 1(a) of the Presidential Emergency Decree (Presidential Emergency Decree No. 9 on May 13, 1975, hereinafter “Emergency Decree No. 9”) for the protection of national security and public order.

B. The Defendant and the Prosecutor appealed against the above judgment (Seoul High Court No. 78No. 314), and the Seoul High Court reversed the above judgment on June 7, 1978 on the grounds that the sentencing of the lower court was excessive, and sentenced to one year and six months of imprisonment and suspension of qualifications for the Defendant (hereinafter “determination subject to a retrial”) and sentenced to one year and six months of suspension of qualifications (hereinafter “determination subject to a retrial”).

The Defendant appealed against this and filed a final appeal (Supreme Court Decision 78Do1774), and the Supreme Court rendered a judgment dismissing the final appeal on September 12, 1978, and the said judgment subject to final judgment became final and conclusive.

(d)

On July 24, 2017, the Defendant requested a retrial on July 24, 2017, and this court rendered a decision to commence a retrial on November 20, 2017 on the grounds that there was a ground that there was a ground for re-examination under Article 420 subparag. 5 of the Criminal Procedure Act in the

The decision to commence the above review was finalized as it is, because there was no legitimate filing of appeal within the appeal period.

2. 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 on October 27, 1980)

The Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Decree No. 9”) issued pursuant to Article 53 of the Act (hereinafter “the Mono Constitution”) is an infringement on the fundamental rights of the people guaranteed by the Constitution by exceeding the bounds of the purpose without satisfying the requirements and by excessively restricting the freedom and rights of the people.