Acquittal of the accused shall be acquitted.

1. On March 30, 1986, the Defendant violated the former Assembly and Demonstration Act (amended by Act No. 4095, Mar. 29, 1989; hereinafter the same) by inciting any demonstration likely to cause considerable social anxiety in front of the Gwangju Do Office from around 22:30 of the same day to 24:00 of the same day.

(2) According to Article 3(1)4 of the former Assembly and Demonstration Act (amended by Act No. 4095, Mar. 29, 1989; hereinafter “former Assembly and Demonstration Act”) Article 14(2) and Article 3(2)4 of the former Assembly and Demonstration Act (amended by Act No. 4095, Mar. 29, 198; hereinafter “former Assembly and Demonstration Act”) deleted “any transitional provision regarding the application of penal provisions to an act before the enforcement.” This is based on the reflective consideration that the previous measure which is subject to punishment for an assembly or demonstration under Article 3(1)4 of the former Assembly and Demonstration Act is unfair. Thus, the facts charged in this case constitute a case where a sentence is repealed by the amendment or repeal of a law after the crime, and thus, acquittal is pronounced pursuant to Article 326(1)4 of the Criminal Procedure Act.

If the decision of commencing a new trial becomes final and conclusive, even if the decision of commencing a new trial is unfair, the decision of commencing a new trial should be made.