The appeal is dismissed.

The grounds of appeal are examined.

1. As to the violation of the Presidential Emergency Measures for the national security and the protection of public order

A. In a case where the repealed or invalidated penal law becomes null and void since the beginning, the court has retroactively lost its effect due to the Constitutional Court’s decision of unconstitutionality, or the court has declared that the statute was null and void due to its decision of unconstitutionality, the court shall render a judgment of not guilty against the accused case which has been prosecuted by applying the pertinent statute pursuant to

Furthermore, the Act on Punishment was repealed.

Even if the "dispact" was against the Constitution and has no effect since the beginning, the defendant's case constitutes grounds for innocence as provided in the former part of Article 325 of the Criminal Procedure Act, and it does not constitute grounds for acquittal as provided in subparagraph 4 of Article 326 of the Criminal Procedure Act.

(See Supreme Court en banc Decision 2010Do5986 Decided December 16, 2010).B.

unconstitutionality of presidential emergency measures for the protection of national safety and public order (hereinafter “emergency measures”) issued pursuant to Article 53 of the Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “former Constitution”) is null and void because it excessively limits the fundamental rights of the people guaranteed by the Constitution by excessively restricting the freedom and rights of the people beyond the limits for the purpose of its issuance without satisfying the requirements for its issuance. Furthermore, even in light of the current Constitution that provides for the guarantee of fundamental rights of the people, such as political power, freedom of expression, freedom of assembly and demonstration, warrant requirement and freedom of body, academic freedom, etc. infringed by subparagraph 9 of the Emergency Measures, it is unconstitutional.