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(영문) 서울중앙지방법원 2013.09.27 2013재고합30 (1)
대통령긴급조치제9호위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. According to the summary of the facts charged and the records of the instant case, the following facts are recognized:

A. A. Around 14:00 on June 24, 1978, the Defendant heard from the person who was unaware of the name of the F High School’s line distribution at the E University located in Seongbuk-gu Seoul, Seongbuk-gu, the Defendant’s summary of the facts charged against the Defendant that he will move back to the main line of Gant Students in front of the Sejong Culture Center on June 26, 1978, and around 18:30 on June 26, 1978, the Defendant went to the education center located in Jongno-gu Seoul, Jongno-gu, Seoul, and followed the Defendant’s demonstration without permission of the principal by combining approximately 10 students in the street near the Magu Office located in Jongno-ro 1, Jongno-gu, Seoul, to 100 students in front of the Sejong Culture Center, sculd a screen, sing the sculd and sculd, going out, and claiming the abolition of the Constitution.

B. The Seoul District Criminal Court rendered a judgment of conviction against the Defendant and rendered a final judgment of conviction on November 7, 1978, found all of the charges guilty, and sentenced one year and six months of imprisonment and two years of suspension of qualification against the Defendant (hereinafter “instant judgment subject to a retrial”), and the above judgment became final and conclusive on February 15, 1979.

C. Specific contents of Emergency Measure No. 9, applied to Defendant’s act, and the judgment subject to a retrial, which was wholly amended by the Constitution of the Republic of Korea No. 9 on October 27, 1980, regarding the above facts charged.

I. The Constitution of the Republic of Korea is hereinafter referred to as the "Boman Constitution").

(1) Emergency Decree No. 9 is enacted on May 13, 1975 by the Presidential Emergency Decree No. 9, which was issued on the basis of the Emergency Measure stipulated in Article 53, for the protection of national security and public order (the Presidential Emergency Measure No. 9, which was rescinded by the Presidential Notice No. 67 on December 7, 1979); hereinafter “Emergency Measure No. 9”.

The application has been made, and the specific details are as follows:

1. The following acts shall be prohibited:

An act of making or spreading a will or by distort a fact;

(b) means of public radio waves, such as assemblies, demonstrations, newspapers, broadcasting, telecommunications, or documents, drawings;

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