Text
The judgment below
The part against the defendant shall be reversed.
The defendant is not guilty. The defendant is not guilty.
Reasons
The following facts are acknowledged according to the progress records of the case.
Defendant
In addition, the applicant for a retrial (hereinafter referred to as the “defendant”) was indicted by Seoul District Criminal Court 76Rahap92 as the facts charged as described in the following 3.3. The above court convicted the Defendant of the above facts charged on March 22, 1976, and sentenced the Defendant to imprisonment with prison labor for a year and six months and suspension of qualification for the purpose of national security and public order protection (hereinafter “Emergency Measure No. 9”).
The Defendant appealed as Seoul High Court Decision 76No699 on August 19, 1976, and the above court reversed the part of the judgment of the court below on August 19, 1976, and sentenced the Defendant to imprisonment with prison labor for one year and a suspension of qualification for one year and suspended the execution of the above imprisonment for two years. The above judgment became final and conclusive on August 27, 1976.
(hereinafter “The Judgment on Review”). On November 5, 2013, the Defendant filed a motion for a review of the judgment subject to a review with this Court, and this Court rendered a decision on June 9, 2014 to commence a review of the judgment subject to a review.
Summary of Grounds for Appeal
The punishment of the lower court (one year and six months of imprisonment, suspension of qualifications for two years) is too unreasonable.
The summary of the facts charged in this case was well aware that the Defendant could not distort facts pursuant to Emergency Decree No. 9, or produce and distribute representations containing the contents thereof, and that he could not engage in political activities as a student. However, on September 24, 1975, the Defendant was sentenced by the Supreme Court of Korea on July 24, 1975 to imprisonment for life on the violation of Emergency Decree No. 4, 1974 from Non-Indicted G, and was detained on April 3, 1975 due to a violation of antipublic law, and was detained on April 3, 1975, and then tried upon one copy of the “Syang Declaration” prepared and presented by H in the Seoul detention center, and then the Defendant I (hereinafter “I”) and Non-Indicted J (hereinafter “J”).