logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.06.18 2013재고합7
국가안전과공공질서의수호를위한대통령긴급조치위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Case progress

A. The following facts are acknowledged according to the final records of the judgment subject to a retrial.

1) The Defendants’ “Presidential Emergency Decree No. 9 of May 13, 1975 (Presidential Emergency Decree No. 9 of May 13, 1975)” (hereinafter “Emergency Decree No. 9”).

(2) As a result of the charge of the violation, the Defendants were indicted as Busan District Court 78 Gohap486, and the Busan District Court found the Defendants guilty of the charge of the instant case on November 6, 1978 and sentenced the Defendants to one year and six months of imprisonment and one year and six months of suspension of qualification (hereinafter “the judgment on review”).

2) On February 7, 1979, the Defendants and the Prosecutor appealed from the Daegu High Court (78No101) regarding the judgment subject to a retrial, and the said court dismissed both the Defendants and the Prosecutor’s respective appeals, and the said judgment became final and conclusive as it is.

B. On February 18, 2011, the Defendants filed the instant request for retrial with the Daegu High Court. On October 11, 2013, the Daegu High Court rendered a decision to transfer the instant case to this Court on the ground that the competent court of the instant request for retrial was the instant court which is the legal cause of the first instance judgment, and the Defendants were erroneous in filing the Daegu High Court which has no jurisdiction (the foregoing court 201No201). On May 23, 2014, the instant court rendered a decision to transfer the instant case to the instant court (the foregoing court 201No201). Since the Emergency Measure No.9 was unconstitutional and invalid from the beginning, the instant court rendered a decision to commence retrial (hereinafter referred to as the “decision to commence retrial of this case”). The decision to commence retrial of this case became final and conclusive as it is.

2. The summary of the facts charged in the instant case is the first-year student in the cultural and social sciences and social sciences of KK University, Defendant B is a person who retired in the first-year course of L High School and is preparing for a middle school assistant teacher qualification examination. M is a person who retires from pulmonary tuberculosis during the third-year course of N High School and is under recreation, and Defendant A and M are both N High School, Defendant A, and C as the respective motive colons of N High School.

arrow