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(영문) 서울중앙지방법원 2013.04.29 2012재고합24 (1)
대통령긴급조치제9호위반
Text

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

Reasons

1. According to the summary of the facts charged and the records of the instant case, the following facts are recognized.

A. The summary of each of the facts charged against the Defendants is as shown in the attached Form.

B. In the case of the judgment of conviction against the Defendants and the Seoul District Criminal Court Decision 76Gohap654 delivered on December 2, 1975, the judgment subject to a retrial became final and conclusive upon the waiver of the appeal by the Defendants. After finding the Defendants guilty of all the above charges, each of 10 years of imprisonment and 10 years of qualification suspension, each of 7 years of suspension, 7 years of qualification suspension, 6 years of imprisonment and 6 years of qualification suspension, and 6 years of qualification suspension against the Defendants A (hereinafter “the judgment subject to a retrial”) and the judgment subject to a retrial by the Defendants.

C. In a case where the specific contents of Emergency Decree No. 9, which apply to the Defendants’ acts, are subject to a retrial, prior to the amendment by the Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 19

I. The Constitution of the Republic of Korea is hereinafter referred to as the "Boman Constitution").

The Presidential Emergency Decree for the Protection of National Security and Public Order (amended by the Presidential Emergency Decree No. 9 on May 13, 1975 and released by the Presidential Notice No. 67 on December 7, 1979; hereinafter “Emergency Decree No. 9”) issued on the basis of the Emergency Measure stipulated in Article 53 is called “Emergency Measure No. 9”.

The application has been made, and the specific details are as follows:

(1) No person shall engage in the following activities:

(b) An act of denying, opposing, distorting, or slandering the Constitution of the Republic of Korea, or an act of assertion, petitioning, instigating, or publicizing an amendment or abolition thereof, through representation, such as means of public radio waves, documents, drawings, paintings, or phonograms, such as assemblies, demonstrations, newspapers, broadcasting

(c) a student’s assembly, demonstration, or political involvement in a class, research, or school principal’s prior permission granted under the guidance and supervision of the school authority or other exceptional non-political activities.

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