The meaning of "distribution" of the second term of Presidential Emergency Decree No. 2 for national security and the protection of public order.

The term "distribution", among the provisions of the Presidential Emergency Decree No. 2 for the national security and the protection of public order, means an act widely divided, which shall be an act of delivery to many and unspecified persons, and it shall not constitute an act of sending correspondence to a specific person.

Paragraph 9(2) of the Presidential Emergency Decree No. 9 to protect national security and public order.

Defendant

Prosecutor

Jeonju District Court of the first instance (76Gohap13)

The judgment of the court below is reversed.

The defendant is innocent.

The prosecutor's grounds for appeal are as follows: (a) one year and six months of imprisonment and suspension of qualification for the defendant; (b) one year and one year and six months of suspension of qualification for the defendant; (c) the judgment of the court below which has been postponed to execute a progressive sentence for three years; (d) or ex officio, to the effect that the sentencing is unreasonable because the sentencing is too uneasible; or (e) the court below, in preparing a letter to Nonindicted 1 and Nonindicted 2, the defendant's wife at the inside of the defendant's house, on the ground that the defendant stated the same details as recognized by the court below, and thus, in preparing a letter to Nonindicted 1 and Nonindicted 1's wife at the defendant's house, the court below determined that the defendant's aforementioned letter was prepared in front of Nonindicted 1, a letter which distorted the facts and distorted the will, and added it to the letter and distributed it to Nonindicted 1, and that the defendant's so-called constituted the Presidential Emergency Measure No. 9 (hereinafter referred to as "Presidential Emergency Measure No.

However, the Supreme Court Decision 9No. 9 No. 2 of the Presidential Emergency Decree No. 9 (hereinafter "the Presidential Emergency Decree No. 9") prohibits the act of "distribution of the contents violating No. 1" to be widely divided and distributed to the general public and should be an act of delivery to the general public. However, a letter stating a violation of No. 9-A of the Presidential Emergency Decree No. 9 (the Presidential Emergency Decree No. 9), which was recognized by the court below, shall be deemed to be an act of delivery to the general public. It is unlawful to determine that only Nonindicted 1 et al. al. received and read the above letter constitutes No. 9-7, No. 2, and No. 1 of the Presidential Emergency Decree, by deeming that only Nonindicted 1 was a "distribution" and it constitutes No. 9-1 of the Presidential Emergency Decree No. 9 (the Presidential Emergency Decree No. 9) and that it affected the judgment. Therefore, the prosecutor'

The summary of the facts charged in this case against the defendant by the public prosecutor is nothing more than that of the defendant, who lent 50,000 won to the defendant, and his wife non-indicted 1 and Non-indicted 2, who had borrowed 500,000 won to the defendant around January 4, 1976, demanded the payment of the above claim by crossing the 16th blank by using a test stample, and then "the government forced the government to advertise the national land such as the East Asia, and looked at the economic end, and how much of the economic death of the opposite wave is unfortunateed. The current government is satisfing the government's horse at this time and satisfy. The current government is not enough to support the village by leading all politics to the people's lives by leading them to the maintenance of the government's right, and is limited to the police chief, high-class professors, professors, professors of revolutions, large enterprises, and the political side without any limit.

This regime has no choice but to overcome difficulties by combining it by forming or by force. At this time, the bill was assembled, which stated that it is "I am to refer in depth as we listed." Then, one copy of a letter in which the words of will would be flick and distorted facts would be prepared in Nonindicted Party 1's front line at the Jeonju-dong, Jeonju High School at around 10:00 of the same month, which was put into the front line at around 12:0 of the same month and distributed it to the front line at around 12:0 of the same month, and the above letter was sent to the front line at around 12:0 of the same month. Even if all the facts charged against the defendant are true, it cannot be deemed that the defendant's second installment of the Presidential Emergency Decree No. 92, as stated in the grounds for reversal, cannot be seen as constituting a crime under the former part of Article 35 of the Criminal Procedure Act, and thus, the defendant is not guilty.

It is so decided as per Disposition for the above reasons.

Judges Noh Jeong-man (Presiding Judge)