The defendant shall be innocent.

1. The summary of the facts charged in the instant case is as follows: G, H, I, J, K, L, M, N,O, P, etc.; from around 13:00 to around 14:00 on May 22, 1975, the Defendant: (a) recruited approximately 400 to 50 students from the library front of the Library in Qu University Rampus to gather approximately 400 to 14:0 students; (b) conducted a survey that praises the spirit of S, and conducted a survey that had taken place on April 11, 1975; (c) had been removed in front of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter referred to as the “new Constitution”); and (d) had been held during an assembly that had been prohibited from reading out, and had been 50 meters away from Qu 13 meters away from the above Constitution of the Republic of Korea.

2. Progress of this case

A. On December 27, 1975, the Yeongdeungpo Branch of the Seoul Criminal District Court applied paragraphs 7 and 1(b) of the Presidential Emergency Decree (hereinafter “Emergency Decree No. 9”) to ensure the national security and the protection of public order, and sentenced the Defendant to a suspended sentence of two years and suspension of qualification for one year (hereinafter “instant judgment subject to a retrial”), and the instant judgment subject to a retrial became final and conclusive upon the lapse of the period of appeal on January 6, 1976.

B. On July 23, 2013, the Defendant filed a motion for a new trial on the instant judgment subject to a new trial. On July 30, 2013, this court rendered a decision to commence a new trial on the instant judgment subject to a new trial, and the said decision became final and conclusive after the lapse of the period of an immediate appeal.

3. Determination

A. In the case of Emergency Decree No. 9, which served as the basis for the instant judgment subject to a retrial, the discussion on the new constitution is completely prohibited or so-called.