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(영문) 서울고등법원 2013.10.22 2013재노46 (1)
대통령긴급조치제9호위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. According to the records, the defendant was prosecuted for the defendant's first time on November 14, 1977 through the 16th of the same month on the charge that he/she violated the Emergency Measure No. 9 by preparing for the production of printed articles containing the contents that slandering Emergency Measure No. 9 during the period from November 14 to the 16th of the same month. The defendant appealedd on December 16, 197 the first instance court's imprisonment with prison labor for 1 year and 6 years and suspension of qualifications for 1 year and 1 year of suspension of qualifications for 79No154, the appellate court's judgment on May 4, 1979 (hereinafter referred to as "the first judgment on review"), but the defendant appealed on July 24, 197, but the appellate court rendered a final judgment on July 15, 200, which became final and conclusive after the final judgment on July 24, 2009, which became final and conclusive.

2. Summary of grounds for appeal;

A. Defendant (1) The lower court did not state the reasoning for the judgment as to paragraph (1) of the facts charged, and did not so.

The crime in the facts charged does not constitute a crime under the Presidential Emergency Decree No. 9.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Examining ex officio prior to the determination of the Defendant and the Prosecutor’s assertion, the statutes applicable to criminal facts in the case for which a new trial has commenced are the statutes at the time of new trial.

Therefore, the court shall apply the law at the time of judgment on criminal facts when the law was changed.

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