The judgment of the court below is reversed.

The defendant shall be innocent.

1. The following facts are acknowledged according to the progress records of the instant case.

A. On December 22, 1978, the Defendant was prosecuted as the charges stated in the separate sheet, for the Seoul District Court’s Yeongdeungpo Branch Branch of 78 high 179, and the above court found the Defendant guilty of the above charges, and sentenced the Defendant to three years of imprisonment and suspension of qualification for the purpose of protecting the national security and public order (hereinafter “Emergency Measure No. 9”) by applying Articles 7 and 1(a) of the Presidential Emergency Measures for the protection of national security and public order.

B. The defendant and the prosecutor appealed against this. On March 29, 1979, the court below reversed the judgment of the court below on the grounds that the court below convicted the above facts charged without undergoing the investigation of evidence, and sentenced the defendant to two years of imprisonment and suspension of qualification for applying Articles 9, 9, 7, and 1 (a) of the Emergency Measures Act (hereinafter “the judgment subject to a retrial”).

On March 29, 1979, the defendant renounced the appeal and the decision subject to a retrial became final and conclusive as it is.

(d)

On November 2, 2017, a prosecutor filed a request for a retrial on November 2, 2017, and this court rendered a decision to commence a retrial on November 22, 2017 on the grounds that there are grounds for a retrial under Article 420 subparag. 5 of the Criminal Procedure Act in the judgment subject to a retrial, and the said decision became final and conclusive

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

A. The former Constitution of the Republic of Korea (wholly amended on October 27, 1980 by the Constitution No. 9 of the Republic of Korea prior to the amendment of the Emergency Decree No. 9 on October 27, 1980)

The Emergency Measure No. 9, which was issued on the basis of the Emergency Measure stipulated in Article 53 of the Act on the Protection, etc. of Victims, violates the fundamental rights of the people guaranteed by the Constitution by excessively restricting the freedom and rights of the people, without satisfying the requirements for the Emergency Measure No. 9, and thus, is unconstitutional since it was in violation of the Act on the Protection, etc. of Victims.