The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The following facts are acknowledged according to the records of the decision for review and the decision for commencing a retrial.

A. On June 15, 1976, the Defendant was indicted as the charges stated in the separate sheet. On June 15, 1976, the above court found the Defendant guilty of all the above charges, and sentenced the Presidential Emergency Measures for National Security and Protection of Public Order (hereinafter “Emergency Measures No.9”) No. 7 and Article 2(2) and (1) of the former Punishment of Violences, etc. Act (amended by Act No. 4294 of Dec. 31, 1990; hereinafter the same) with respect to the nighttime intimidation, each of the above crimes is treated as concurrent crimes under the former part of Article 37 of the former Criminal Act and sentenced to suspension of qualification and suspension of qualifications for one year and two years.

B. Upon appeal by the Defendant, the Gwangju High Court ex officio reversed the judgment of the lower court on the grounds that the sentence of the lower court on December 1, 1976 was too unreasonable, and sentenced to one year and six months of imprisonment, three years of suspended execution, and two years of suspension of qualification (hereinafter “Seoul High Court Decision 76No357”) and the above judgment became final and conclusive as it is.

C. On January 16, 2018, the prosecutor filed a request for retrial for the benefit of the defendant in accordance with Article 424 subparagraph 1 of the Criminal Procedure Act.

On February 11, 2019, the Gwangju High Court rendered a sentence by dealing with a violation of Emergency Decree No. 9 and a violation of the Punishment of Violences, etc. Act as concurrent crimes under the former part of Article 37 of the former Criminal Act, and rendered a decision to commence a new trial on the whole of the judgment subject to a new trial on the grounds that there exist grounds for the violation of Article 420 subparag. 5 of the Criminal Procedure Act in the part of violation of Emergency Decree No. 9.

2. The defendant is guilty of the grounds for appeal.