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(영문) 서울남부지방법원 2014.01.23 2013재고합3 (1)
대통령긴급조치제9호위반
Text

Of the facts charged in the instant case, the charge of violating the Presidential Emergency Decree for the national security and the protection of public order is acquitted.

Reasons

Punishment of the crime

Defendant (Defendant and Defendant and Defendant and Defendant and Defendant were working for the Maritime Police Agency at the Maritime Police Agency, the Maritime Police Agency, the Maritime Police Agency, and the Maritime Police Agency at the Maritime Police Agency, and had thought that there should be abolition of the Constitution of the Republic of Korea and the economic system of the Republic of Korea. Under the intention of Defendant and Defendant and Defendant were punished by the remaining punishment, I would like to comply with Defendant’s religious service on October 25, 1978. On October 15:30, 1978, I expressed Defendant’s idea of display to many people before the due date of the National Assembly of Mapo-gu Seoul, Mapo-gu, Seoul, the Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Maritime Police Agency’s Do.)

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of defendants prepared by the military prosecutor and military judicial police officer;

1. Application of the Acts and subordinate statutes governing five posters confiscated (No. 1 and 2), two vertical categories (No. 3 and 4), one glutinous rice pool (No. 5), one black fingers (No. 6);

1. Article 94 of the former Military Criminal Act (amended by Act No. 9820, Nov. 2, 2009);

1. Since the crime of violation of Emergency Decree No. 9 among the facts charged in the instant case on the grounds of sentencing under Article 59(1) of the Criminal Act, among the facts charged in the instant case, is acquitted as follows, the Defendant only constitutes a violation of Article 94 of the Military Criminal Act (legal penalty: imprisonment without prison labor

In this case where a new trial has commenced due to the unconstitutionality and invalidation of Emergency Decree No. 9, the Military Criminal Act cannot be examined as to whether the defendant was guilty or not.

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