The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

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

On March 21, 197, the Defendant was sentenced to seven years of imprisonment and seven years of suspension of qualifications for committing an offense in violation of the Presidential Emergency Decree (hereinafter “Emergency Decree No. 9”) for the national security and the protection of public order in Seoul District Court’s Suwon Branch Decision 76 Gohap88.

On June 8, 1978, Seoul High Court Decision 77No606, on which the Defendant appealed, the lower judgment was reversed and sentenced to four years of imprisonment and suspension of qualification for the Defendant (hereinafter “instant judgment subject to a retrial”), and the said judgment became final and conclusive on August 22, 1978.

Defendant B filed the instant petition for retrial on May 10, 2013, and accordingly, this Court rendered a final decision on May 21, 2013.

A prosecutor who made an ex officio reversal following a change in the object of a judgment subject to a trial applied for a change in the contents of the facts charged against the defendant in the trial of the judgment subject to a trial, and the trial of the judgment subject to a trial changed the object of the trial by permitting it. Thus, the judgment of the court below is no longer maintained

The summary of the facts charged in this case was that the defendant produced, sent, or disseminated “D”, an underground printed object containing such contents, for the purpose of inducing the present government and citizens by provokinging the head of the state and the collection of privileges, and inciting the political intent. On September 5, 1975, the Seoul District Criminal Court sentenced the Defendant to three years of imprisonment for defamation, and completed the execution of the sentence. On June 17, 1975, in preparing the appellate brief in the course of the appellate trial of the defamation case, the defendant drafted five copies of the grounds of appeal stating “D” as stated in the above “D” for the purpose of inducing the present government and the people, and for the purpose of expressing the situation of his political strike.

The defendant.