The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the National Security Department.

1. Review of the records of the instant case reveals the following facts. A.

On February 26, 1976, the Defendant was prosecuted on the attached facts charged (hereinafter “instant charges”).

Of the facts charged in this case on July 28, 1976, the lower court convicted the Defendant of violation of Article 4(2) of the former Antipublic Act (amended by Act No. 3318, Dec. 31, 1980; hereinafter the same shall apply) with respect to ① the violation of antipublic law due to the acquisition and storage of anti-public act due to the distribution of anti-public act (attached Form 1); ② the violation of anti-public act due to anti-government act (attached Form 3); and ② the violation of anti-public act due to anti-government act (attached Form 4 of the facts charged); ③ the violation of Article 4(1) of the former anti-public act; ③ the violation of the Presidential Emergency Decree (hereinafter referred to as “Emergency Decree No. 9”) to protect national safety due to the distribution of anti-government act; and the violation of public order (attached Form 2 of the facts charged) by applying Article 4(5) of the former anti-public act (attached Form 5).

(Seoul Criminal Court Decision 76Gohap166 delivered on July 28, 1976).(b)

The Defendant and the prosecutor appealed against the lower judgment.

On November 25, 1976, this Court reversed the judgment of the court below and sentenced the defendant to two years of suspended sentence and suspension of qualification for one year of imprisonment, on the grounds that the judgment of the court below was just, but the sentencing against the defendant is too unreasonable.

(Seoul High Court Decision 76No1801 delivered on November 25, 1976, hereinafter referred to as the "Decision on Review"). (C)

The Defendant appealed against the judgment subject to review.

On January 10, 1978, the Supreme Court dismissed the defendant's appeal (Supreme Court Decision 76Do4424 delivered on January 10, 1978). Accordingly, the judgment subject to a retrial became final and conclusive.

A prosecutor shall, on March 23, 2018, apply to this Court.