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인천지방법원 2019.07.12 2018재고합13
계엄법위반등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant carried out an illegal demonstration or riot developed from May 14, 1980. On May 21, 1980, the Defendant carried out 30 buses with the width of 30, and carried them, such as “emergency martial law lifting”, “B released” and “B released”, and returned to Gwangju Agricultural Dong-dong and Haakdong, etc., and carried them back from May 22, 1980. From around 10:00 on May 10, 1980 to 16:00, carried three 1 small guns and two ball cartridges without the above relief and carried them out, and carried them out the above rescue, and carried them out, and carried them out peace and two balls and two balls, and did not carry them out an attempted martial law at the time of assault and threat at the integrated military hospital of the Armed Forces located in Gwangju Metropolitan City, and did not carry out an attempted martial law at the same time with the entrance of the military and attempted martial law.

2. The determination of C, etc. does not constitute a justifiable act for the purpose of protecting the existence of the Constitution and constitutional order (see, e.g., Supreme Court en banc Decision 96Do376, Apr. 17, 1997). Whether a certain act constitutes a crime of destruction of constitutional order as a crime of insurrection, and “an act related to May 18 Democratization” or “an act preventing or opposing a crime of destruction of constitutional order committed before or after May 18, 1980, which occurred before or after December 12, 1979 or before or after May 18, 1980, constitutes a crime of destruction of constitutional order” (see, e.g., Supreme Court en banc Decision 96Do376, Apr. 17, 1997). Whether an act constitutes a “an act of reasonably obstructing or opposing the constitutional order” under Article 4(1) of the Special Act on the May 18 Democratization Movement, etc., or an act related to the purpose of use or order before or before and order of destruction.

Supreme Court Decision 2001Do1239 Delivered on July 13, 2001

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