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(영문) 서울중앙지방법원 2019.10.02 2019재고단13
계엄법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant, without certain occupation, was admitted to B Party without a certain occupation, and was in the middle of the peace government policy.

Although the Defendant was fully aware of the occurrence of martial law that prohibits the date of emergency martial law and the spread thereof through daily newspapers and radio broadcasts, around 15:00 on October 30, 1972, the Defendant presented F’s H press on October 27, 1972 where the Republic of Korea staff E and F were published for the Embassy D office located in Jongno-gu Seoul, the Embassy’s Republic of Korea and the U.S. staff G with F’s interpretation at the seat of the Republic of Korea in the Republic of Korea in Jongno-gu, Seoul, and “The National Assembly of the Unification is an organization without the necessity of the meeting for the permanent sovereignty of the I President. The United States, upon establishing the power structure, is a means for the unification of the Republic of Korea and has no different from J. 1.7.”

2. Determination

A. The statutes to be applied to facts constituting an offense in a case where a new trial has commenced following the amendment of the applicable statutes to the facts constituting an offense in the instant case. As such, where the statutes at the time of the judgment subject to new trial were amended, the statutes at the time of the judgment for new trial shall apply to such facts, and where the statutes were repealed, the court shall render a decision of acquittal by applying Article 32

However, in a case where the penal law has retroactively lost its effect due to the decision of unconstitutionality by the Constitutional Court or the court has declared that the statute is unconstitutional, the court shall render a verdict of innocence for a prosecuted case against which a public prosecution has been instituted by applying the pertinent statute in accordance with

Furthermore, punishment is imposed.

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