The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the National Security Department.

1. Review of the progress records of the instant case reveals the following facts. A.

The Defendant was indicted on the charge of the violation of the Presidential Emergency Decree (Presidential Emergency Decree No. 9, May 13, 1975, hereinafter “Emergency Decree No. 9”) and the former Anti-Public Law (amended by Act No. 3318, Dec. 31, 1980; hereinafter “former Anti-Public Law”) for the purpose of national safety and the protection of public order. The Defendant was charged with the charges of violation of the former Anti-Public Law (amended by Act No. 3318, Dec. 31, 1980; hereinafter “former Anti-Public Law”). On March 2, 1977, the above court found the Defendant guilty of all the charges charged against the Defendant and sentenced the Defendant to one year and suspension of qualification by applying Article 4(1) of the former Anti-Public Law.

B. On June 1, 1977, the defendant and the prosecutor appealedd as Seoul High Court 77No533, and the above court reversed the judgment of the court below on the grounds that the above sentence against the defendant was too unreasonable, and sentenced to two years of suspended execution and suspension of qualification for one year (hereinafter “the judgment on review”) and the above judgment became final and conclusive as the subject of appeal on June 9, 197.

C. On March 23, 2018, a prosecutor filed a petition for retrial by asserting that the Emergency Measure No. 9 lost its effect in accordance with the Constitutional Court’s decision on the constitutionality of the Constitution, and that there exists a ground for retrial as stipulated in Article 47(4) of the Constitutional Court Act in the judgment subject to retrial

On September 21, 2018, the court rendered a decision to commence a retrial on the whole of the judgment subject to a retrial on the ground that the part of violation of Emergency Decree No. 9 among the judgment subject to a retrial, stipulated in Article 420 subparag. 5 of the Criminal Procedure Act, is a concurrent crime under the former part of Article 37 of the Criminal Act, and the crime of violation of the above crime and the anti-public law, were sentenced to a single sentence, and the said decision

2. Summary of grounds for appeal;

A. Defendant 1’s mistake, misunderstanding of legal principles.