The judgment below

The part against the Defendants is reversed in entirety.

Defendant

A shall be punished by imprisonment for six months.

(b).

1. Lapses until the commencement of retrial is decided;

A. Defendant A was prosecuted on February 17, 1972 on the charge of violation of the public law, violation of the National Security Act, forgery and uttering of private documents, false description of the original copy of the process deed, and facts charged for the same events, Defendant B, C, D, E, and F were charged with violation of the anti-public law. Busan District Court 72 Gohap102 on February 17, 1972.

On July 6, 1972, the above court found Defendant A guilty of all the facts charged, and sentenced Defendant C to seven years of imprisonment and suspension of qualifications, three years of imprisonment and suspension of qualifications, two years of suspension of qualifications, two years of imprisonment and suspension of qualifications, one year of suspension of qualifications, two years of imprisonment, five years of suspension of execution, and one year of suspension of qualifications.

On October 19, 1972, the appellate court appealed both the Defendants and the Prosecutor, and the appellate court accepted all the Defendants’ grounds for appeal, and reversed the judgment of the court below, and sentenced Defendant A to four years of imprisonment and suspension of qualifications, three years of imprisonment, two years of suspension of execution, four years of suspension of qualifications, and one year of suspension of qualifications (hereinafter “the judgment subject to a retrial”), and Defendant B, C, D, E, and F, of the judgment subject to a retrial, and around that time, the parts of the judgment subject to a retrial against Defendant B, C, D, E, and F were finalized.

Defendant

A appealed to the Supreme Court Decision 72Do2573 on February 28, 1973, but the Supreme Court dismissed Defendant A’s appeal on February 28, 1973, and the part against Defendant A among the judgment subject to a retrial became final and conclusive on the same day.

B. On September 28, 2017, a prosecutor filed a petition for retrial with this court regarding a judgment subject to a retrial.

Accordingly, this Court held that the investigators who participated in the investigation, which is the basis of the public prosecution, have committed the crimes related to their duties.

The Criminal Procedure Act applies to “when it is impossible to obtain a final and conclusive judgment” as provided in Article 422 of the Criminal Procedure Act, in fact, where the statute of limitations has expired and it is impossible to obtain a conviction due to the completion of the statute of limitations, and the judgment subject to a final and conclusive judgment constitutes a criminal litigation Act.