The judgment of the court below is reversed.

The defendant shall be innocent.

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

A. The Defendant was prosecuted with the Seoul Criminal Court on September 11, 1975, and the first instance court found the Defendant guilty of the above charges, and sentenced the Defendant to one year and six months of imprisonment and one year and six months of suspension of qualification (Seoul Criminal Court Decision 75Gohap3459). (b) The Defendant and the Prosecutor appealed against the above judgment. On December 18, 1975, the Seoul Criminal Court accepted the Defendant’s appeal, and reversed the lower judgment’s unfair sentencing, and sentenced the Defendant to one year and six months of imprisonment, suspension of qualifications, and three years of suspended execution (hereinafter “the judgment subject to a retrial”).

In other words, the defendant's appeal was dismissed on October 16, 1976, and the Supreme Court became final and conclusive (Supreme Court Decision 76Do346 delivered on October 4, 197).

On September 29, 2016, a claimant for a retrial filed a request for a retrial against a judgment subject to a retrial. On February 13, 2017, this Court rendered a decision to commence a retrial, and thereafter, the decision to commence the retrial became final and conclusive as it does not have a legitimate filing of an appeal within the filing period.

2. Summary of reasons for appeal;

A. The charges against the Defendant following the misunderstanding of facts and misapprehension of legal principles (Defendant 1) on the indictment of this case are as follows: (a) the Defendant’s hand-written indictment “D” is as follows: (b) the Defendant’s “D” regarded North espionage E as a patriotic person; and (c) expressed that the said E was killed due to social order and the abuse of power and law, thereby assisting in North Korea’s propaganda activities; and (d) without any judgment, the lower court took place against the Defendant’s assertion on the abolition of North Korea’s National Security Act and antipublic law and the crime of violating each of the above laws.