The defendant shall be innocent.

1. The summary of the facts charged of this case is as follows: around 22:30 on October 10, 1975, around 30 suspects at the Dongdong Police Station in Seoul, Dongdaemun-gu Seoul, Seoul (hereinafter referred to as the “C”) and 2-3 times repeatedly sounded “D or C” to spread a will to frien the will, thereby spreading approximately 30 suspects.

2. Review of the progress records of the case reveals the following facts.

A. The Defendant was indicted on the charge of violating the Presidential Emergency Decree No. 9 for the national security and the protection of public order as Seoul Criminal Court 75 Gohap89.

On December 30, 1975, the Defendant was sentenced to a judgment of conviction for two years and suspension of qualifications for two years (hereinafter “ judgment subject to a retrial”) based on Articles 7 and 1(a) of the Presidential Emergency Measure No. 9 (hereinafter “Emergency Measure No. 9”) for the protection of national security and public order.

B. The Defendant appealed against this and appealed by Seoul High Court 76No. 235, but was sentenced to a dismissal judgment on April 27, 1976. Around that time, the judgment subject to a retrial was abandoned and the judgment subject to a retrial became final and conclusive on April 29, 1976.

(c)

Since the Emergency Decree No. 9 on October 23, 2017 is null and void on October 23, 2017, a prosecutor has grounds for retrial in a judgment subject to a retrial which declared a conviction

In accordance with Article 424 (1) of the Criminal Procedure Act, a petition for a retrial was filed.

On November 16, 2017, there are grounds for retrial stipulated in Article 420 subparag. 5 of the Criminal Procedure Act in a judgment subject to a retrial.

On the other hand, the decision to commence the review was confirmed as it is.

3. Determination

A. In the event of a serious crisis that is unable to cope with the method of exercising power in accordance with the constitutional order at the time of peace of the unconstitutionality of Emergency Decree No. 9, the president's decision on the national emergency power which is exercised to ensure the existence of the nation should be respected. However, this should not apply.