The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case.

1. The following facts are acknowledged according to the records of the decision subject to review and the decision to commence a retrial.

A. The Defendant was indicted as Seoul Criminal Court’s 75 high-level 119 on November 20, 1975 as the charges stated in the Attachment, and the same court found the Defendant guilty of the above charges (Provided, That the motive of the crime in the part of paragraph (3) of the above charges was changed to “the injured person re-convened with the injured party again as the day on which the injured party’s punishment was scarcityd,” and as to the spread of a will rain, the Defendant was issued pursuant to Article 53 of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of October 27, 1980; hereinafter “former Constitution”), based on Article 53 of the former Constitution of the Republic of Korea (wholly amended by Act No. 3550, Oct. 27, 1980; hereinafter “Emergency Decree No. 9”) and Article 7(1)(a) of the former Criminal Act and Article 55(2) of the former Punishment Act (amended by Act No. 1975, Apr. 19, 197, 19 of the same).

B. The Defendant filed an appeal against this. The Seoul High Court reversed the judgment of the court below on April 15, 1976 on the grounds that the sentence of the court below was too unreasonable, and sentenced the Defendant to imprisonment with prison labor for one year and six months and suspension of qualification for the Defendant (Seoul High Court Decision 75No1659, the judgment subject to a retrial). The Defendant filed an appeal against this, but the appeal was dismissed on July 13, 1976, and the judgment subject to a retrial became final and conclusive (Supreme Court Decision 76Do1477 delivered on July 13, 1976).

On December 28, 2017, the prosecutor filed a request for retrial on December 28, 2017, and the Seoul High Court on May 9, 2018 respectively committed a violation of Emergency Decree No. 9.