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(영문) 서울남부지방법원 2014.02.06 2013재고합16 (1)
대통령긴급조치제9호위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged was produced from September 14, 1978 to November 7, 1978; Defendant A conspired to distribute them within D University and to take the lead in student demonstration after producing printed materials in opposition to the current Constitution with D University natural university chemistry and three-year students attending D University;

A. On October 12, 1978, the Defendant et al. produced a total of 1,800 printed articles that contain the contents of the public invitation to oppose the current Constitution and the political rights;

B. On November 13, 1978, the Defendant et al. conspiredd with the Defendant, et al. to visit the D University on the following occasions: (a) distributed the aforementioned printed items before the five buildings; (b) collected students; (c) created several musics; and (d) arranged relief opposing the political rights; and (c) made a demonstration asserting abolition of the Constitution of the Republic of Korea without prior permission.

C. On December 26, 1978, while the Defendant et al. was detained by the Yeongdeungpo-gu Hospital, the Defendant et al. offered singing, such as “family,” which was named as the H’s window, and offered relief to cancel emergency measures and release detained students, and thereby publicly slandered that the Presidential Emergency Measures for National Security and Protection of Public Order were for the sole purpose of unfairly suppressing students.

2. Case progress

A. On March 7, 1979, the Defendant was sentenced to three years of imprisonment and three years of suspension of qualifications pursuant to paragraphs (7), (2) and (1) of the Presidential Emergency Decree for the Protection of National Security and Public Order (hereinafter “Emergency Measure No. 9”) on March 7, 1979 in the case of violation of the Presidential Emergency Decree No. 78Da311, 79 Gohap8 (Joint), etc. of the Yeongdeungpo Branch Branch of the Seoul District Court (hereinafter “Emergency Measure No. 9”), and the Defendant appealed, but the appeal was dismissed, and the said judgment became final and conclusive.

B. On October 18, 2013, the Defendant filed a motion for a new trial on the instant judgment subject to a new trial with the instant court.

This Court decides to commence a new trial on January 20, 2014.

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