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(영문) 서울고등법원 2013.05.31 2013재노11
대통령긴급조치제9호위반
Text

The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The defendant is not guilty.

Reasons

The following facts are acknowledged according to the progress records of the instant case.

On December 16, 1978, the Defendant was sentenced to imprisonment with prison labor for 10 months and suspension of qualifications for a violation of the Presidential Emergency Measures (hereinafter “Emergency Measures No. 9”) for the national safety and the protection of public order in the Seoul District Court case No. 78 Gohap170.

On April 13, 1979, the judgment of the court below was reversed on April 13, 1979 in Seoul High Court 79No181, 445 (Joint) in which the defendant and the prosecutor appealed, and two years of suspended execution and suspension of qualification were sentenced for the defendant in October, and the above judgment became final and conclusive as it is.

On February 7, 2013, the Defendant filed the instant request for retrial, and accordingly, this Court rendered a final decision on May 7, 2013, as it is, the decision on commencing a retrial that was rendered on May 7, 2013.

Summary of Grounds for Appeal

Defendant

Although the Defendant did not commit the instant facts charged, the lower court erred by misapprehending the legal doctrine or erroneous determination of facts, and the sentence imposed on the Defendant is too unreasonable.

The sentence imposed by the court below on the defendant is too uneasible.

The summary of the facts charged of this case was aware that a demonstration conducted at D University was illegal demonstration and its abolition was asserted and slandered publicly on June 16, 1978, while attending the college of education, the third grade, and around June 1978, the Defendant was aware of the fact that the demonstration was conducted at D University on June 16, 1978, and that it was slandered by E on June 12, 1978, and accepted the demonstration upon the request of the police officer to color a student demonstration on the 12th day of the same month from D University, and then, accepted the demonstration by the request of the police officer so that he would not be arrested by the police officer. From around 12:05 of the same month, from around 12:05 to 200 other students before D University, F, upon request of the police officer to read the democratic declaration of a private teaching institute, the Defendant was able to do so.

5.8. 13:30 on August 13: 13:30, a demonstration led by G and H before the D University Library is an illegal demonstration for which no prior permission has been obtained from the principal.

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