1. The judgment below is reversed.

2. The defendant is innocent;

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

A. On December 10, 1974, the Defendant was sentenced to 8 years of imprisonment and 8 years of suspension of qualification for a espionage in Busan District Court Decision 74Dahap412, Busan District Court Decision 74Dahap412, the Defendant filed each appeal with the Daegu High Court 75No4.

B. The above appellate court held that the application of Article 3 of the former National Security Act (amended by Act No. 3318, Dec. 31, 1980; hereinafter the same shall apply) to the violation of the National Security Act among the facts charged on April 24, 1975 was unlawful. In addition, the court accepted the prosecutor's application for changes in indictment which sought application of Article 2 of the former National Security Act and Article 99 of the Criminal Act, and reversed the judgment below and sentenced the defendant to four years and suspension of qualification

(hereinafter referred to as the "case subject to review") c.

After that, the Defendant filed an appeal against the judgment subject to a retrial with Supreme Court Decision 75Do1518, but on July 8, 1975, the final appeal was dismissed, and the judgment subject to a retrial became final and conclusive.

On June 17, 1987, the defendant died on June 17, 1987, and the applicant for a retrial is a child of the defendant and constitutes a person entitled to a request for retrial under Article 424

E. On April 18, 2012, a petitioner filed a petition for a new trial on the judgment subject to a new trial with this court. On July 6, 2015, this court recognized the fact that the Defendant was under investigation in the course of illegal arrest and confinement until the time when the warrant was issued on July 4, 1974 and executed by police officers belonging to the police station in the Republic of Korea on July 6, 2015. This constitutes a crime of illegal arrest and confinement under Article 124 of the Criminal Act. Meanwhile, this constitutes a crime of illegal arrest and confinement under Article 124 of the Criminal Act. On the other hand, the time when the Defendant was investigated by police officers belonging to the Gyeongnam Police Information and police station around June 7, 1974. The statutory penalty for the crime of illegal arrest and illegal confinement of the above police officers is imprisonment with prison labor for not more than seven years and not more than ten years.