The defendant shall be innocent.

1. Around 23:00 on May 31, 1975, the Defendant: (a) called “AB” to the U.S. Embassy, who was on the said Embassy at the time at the time of posting a telephone at the Z hotel shop adjacent to the Z hotel shop in Jung-gu Seoul, Jung-gu, Seoul, the Defendant Y, saying, “AB must be removed from the officialism and this country.”

2. Case progress

A. On April 2, 1976, the Seoul District Criminal Court rendered a judgment of conviction against the Defendant and rendered a judgment of conviction for two years and suspension of qualifications for the Defendant in the above charges in the case of No. 75Da875 delivered on April 2, 1976.

(2) The lower court dismissed both the prosecutor and the Defendant’s appeal in the instant case No. 76No959 Decided July 29, 1976, and the Defendant appealed but the instant judgment subject to a retrial became final and conclusive upon dismissal of the final appeal in Supreme Court Decision 76Do2781 Decided October 12, 1976.

B. The specific contents of sub-paragraphs 9-7 and 1-1(a) of the Presidential Emergency Decree for the protection of national security and public order applied to the Defendant’s act in a judgment subject to a retrial that applied to the Defendant’s act are as follows.

- Presidential Emergency Measures for the protection of national security and public order, and the Presidential Emergency Measures for the Protection of Public Order, 13 May 1975, 009

1. The following acts shall be prohibited:

7. A person who violates any measure or measures taken by the competent Minister pursuant to such measure shall be punished by imprisonment for a definite term of not less than one year.

In such cases, the suspension of qualification for not more than ten years shall be concurrently imposed.

The same shall also apply to a person who has neglected, prepared or conspired to commit an attempted crime.

3. Determination

A. Emergency Decree No. 9 is in accordance with the constitutional order at ordinary times.