The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

1. According to the records, the following facts are recognized.

A. The Defendant was prosecuted on the charges as indicated in the Attachment. In the case on December 16, 1978, the Yeongdeungpo Branch of the Seoul District Court rendered the Defendant guilty of the charges, and then sentenced ten months of imprisonment and one year of suspension of qualification to the Defendant by applying the Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Measure No. 9”).

B. As the defendant and the prosecutor appealed, the Seoul High Court reversed the judgment of the court below on April 13, 1979 in the case of 79No181, 445 (Joint), and sentenced the defendant to two years of suspended execution and suspension of qualification in October (hereinafter “the judgment subject to new trial”), and the judgment subject to new trial became final and conclusive on April 21, 1979.

C. On April 11, 2011, the Defendant filed the instant request for reexamination. This Court rendered a decision to commence reexamination on May 13, 201, on the ground that the Emergency Measure No. 9 was unconstitutional and invalid from the beginning on May 13, 2013, and accordingly, rendered a decision to commence reexamination as stipulated in Article 420 subparag. 5 of the Criminal Procedure Act. Since there was no legitimate filing of an appeal within the filing period, the decision to commence reexamination

2. Summary of grounds for appeal;

A. (1) Defendant (1) did not perform the same act as stated in the facts charged, and further, the court below erred by misapprehending the legal principles as to Emergency Measure No. 9.

(2) The lower court’s determination on the grounds of unreasonable sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. Examining ex officio prior to the determination of the Defendant and the Prosecutor’s assertion, the statutes applicable to criminal facts in the case for which a new trial has commenced are the statutes at the time of new trial.

Therefore, if the law at the time of the judgment subject to a retrial is amended, the court shall apply the law at the time of the judgment.