The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, as a person engaged in agriculture, the Defendant, B, C, D, and E, etc. determined to take part in the Gwangju situation in accordance with F’s in the F’s inciting G and H, and waiting for a vehicle before I’s school by gathering G and H. On May 22, 1980, the Defendant was waiting for a vehicle before the I’s school. On May 22, 1980, the Defendant, along with J, was carrying the Defendant’s political relief, such as “M released”, “e.g., release of emergency martial law”, and “e., release of emergency martial law”, while carrying out a demonstration with him as his hand, carrying out the following political relief:

(a) At around 22:30 on the same day, D and B appear in the front of the Magyeong-gu Magdong-gu Magyeong-gu Magdong-gu Magdong-gu Magdong-gu, P, and the Defendant J, C, N, H, H, G, E, etc. are each listed in the above new Magdong-gu, and damage 15 copies of the new Magdong-gu Magdong-gu and one

B. At around 22:50 on the same day, he/she entered a hole for the management of the Pakho Lake-gun O located in Pyeongtaek-gun, Chungcheongnam-gun, and took place an amount equivalent to KRW 8,000 at the market price, such as tobacco, cattle, and bean, and made a threat to each item in possession of the Defendant, and made intimidation, such as inducing the Defendant to pay the above food on behalf of him/her, thereby impairing the order and peace of members of Pak-gun, Chungcheongnam-gun, Chungcheongnam-gun.

2. Determination

A. A series of acts committed by Q Q, etc. in relation to the May 18 Democratization Movement after he/she neglected the military command on December 12, 1979, constitutes a crime of disturbance under the Military Criminal Act and a crime of destruction of constitutional order as a crime of insurrection under the Criminal Act.

(See Supreme Court en banc Decision 96Do376 delivered on April 17, 1997). Meanwhile, whether an act constitutes “act related to the May 18 Democratization” under Article 4(1) of the Special Act on the 5.18 Democratization Movement, etc. or “act preventing or opposing the act of destroying constitutional order that occurred before and after May 18, 1980” shall be reasonably determined by comprehensively taking into account the time, motive, purpose and object of the act, means of use, result, etc.