The judgment of the court below is reversed.

The defendant shall be innocent.

1. Case progress

A. The following facts are acknowledged according to the final records of the judgment subject to a retrial.

(1) As stated in the summary of the facts charged, the Defendant was indicted for violating the Presidential Emergency Decree for the sake of national security and the protection of public order, and the Seoul District Criminal Court was sentenced to imprisonment with prison labor for two years and suspension of qualifications for the Defendant on November 27, 1978, and on November 27, 1978.

(2) The Defendant and the prosecutor appealed to the above judgment as Seoul High Court 79No2, and the above court rejected the Defendant’s assertion of mistake of facts on April 27, 1979, but reversed the judgment of the court below and sentenced the Defendant to one year and one year of suspension of qualification.

(3) On April 28, 1979, the instant judgment subject to a retrial became final and conclusive upon waiver of the right to appeal.

B. On April 28, 2011, the Defendant first filed the instant request for retrial. On July 4, 2013, this Court rendered a decision to commence a retrial (hereinafter “decision to commence a retrial of this case”) on the grounds that the Presidential Emergency Measure for National Security and the Protection of Public Order (Presidential Emergency Measure No.9, May 13, 1975) (hereinafter “Emergency Measure No.9”) was unconstitutional and invalid from the beginning, and thus, there was a ground for retrial under Article 420 subparag. 5 of the Criminal Procedure Act, and the decision to commence a retrial of this case became final and conclusive as is, since there was no legitimate filing of an appeal within the appeal period.

2. Summary of grounds for appeal;

A. (1) The judgment of the court below which found Defendant guilty of the facts charged in this case against the defendant of mistake of facts is erroneous in the misapprehension of facts and affected the conclusion.

(2) The lower court’s imprisonment (two years of imprisonment and two years of suspension of qualification) against the Defendant of unreasonable sentencing is too unreasonable.

(b)a prosecutor;