The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

1. On October 7, 1977, the Seoul District Court’s branch branch of the Seoul District Court found the Defendant guilty of the charge of violating the Presidential Emergency Decree (hereinafter “Emergency Decree No. 9”) for the national security and the protection of public order, and sentenced the Defendant to one year and one year of suspension of qualification (77 senior 124). On December 29, 197, the Seoul High Court reversed the lower judgment on December 29, 197, and sentenced two years of suspension of execution and suspension of qualification to one year (hereinafter “the original judgment”) (77 senior 1735 and 1735; hereinafter “the original judgment”). While the Defendant was above, the Supreme Court sentenced on April 25, 1978, the Prosecutor dismissed the final appeal on October 24, 2017; the Seoul High Court rendered a request for a retrial on October 24, 2017, and the Defendant commenced a new trial on December 14, 2017.

The decision to commence a new trial was finalized because there is no legitimate appeal within the appeal period.

2. Summary of grounds for appeal;

A. Defendant 1 did not make the same remarks as indicated in the facts charged.

2) At the time of committing a crime with mental and physical weakness, he was in a state of mental and physical weakness.

3) Unreasonable sentence of the lower court (one year of imprisonment and one year of qualification suspension) is too unreasonable.

B. The court below’s sentencing (unfair sentencing) is too unfortunate and unfair.

3. In a case where an ex officio review of judgment has commenced, the statutes applicable to criminal facts are the statutes at the time of new judgment.

In the event that the law was amended at the time of the judgment subject to new trial, the court shall apply the law to the crime at the time of the judgment for new trial, and if the law was repealed, the court shall render a judgment of acquittal for the crime by applying Article 326, subparagraph

However, even if the Criminal Procedure Act was repealed at the time of a new judgment, if the abolition was against the Constitution and has no effect, it is stipulated in the first sentence of Article 325 of the Criminal Procedure Act.