The judgment of the court below is reversed.

The defendant shall be innocent.

1. According to the records of the instant case, the following facts are recognized.

A. The Seoul Criminal Court sentenced the defendant to the facts constituting a violation of the Presidential Emergency Decree No. 9 on February 10, 1978, and sentenced the defendant to the punishment of imprisonment for three years and suspension of qualification for three years.

B. On June 19, 1978, the Seoul High Court (Seoul High Court Decision 78No389, on which the Defendant and the Prosecutor appealed, reversed the judgment below and sentenced the Defendant to two years imprisonment and two years suspension of qualifications (hereinafter “the judgment on review”).

C. On September 26, 1978, the defendant appealed again to the Supreme Court, but the Supreme Court sentenced the dismissal of appeal to the Supreme Court, which became final and conclusive as it is.

2. Summary of grounds for appeal;

A. Defendant 1 cannot be recognized as committing the instant crime. 2) The lower court’s punishment is too unreasonable as it is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. We examine ex officio the defendant's reasons for appeal prior to the determination of ex officio.

A. 1) Whether Emergency Decree No. 9 is unconstitutional or not. 1) In the event of a serious crisis that is unable to cope with by the method of exercising power according to the constitutional order at ordinary times, the decision of the President on the national emergency power which is exercised to guarantee the existence of the State should be respected. However, such a national emergency power should be exercised within the minimum limit necessary to remove the direct cause of the crisis when the State is in a serious crisis, and it must conform to the requirements and limits for exercising the Constitution that requires the national emergency power. In this respect, the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980).

I. The Constitution of the Republic of Korea is hereinafter referred to as the "Boman Constitution").

The emergency measures stipulated in Article 53 can not be an exception.

Article 53 (1) and (2) of the Constitution of the Republic of Korea.