beta
Text
Of the judgment of the court below of first instance, the part against Defendant A and the judgment of the court below shall be reversed.
Defendants are not guilty.
Reasons
1. Case progress and scope of trial of this court;
A. 1) The Defendant A’s final judgment subject to a retrial becomes final and conclusive (hereinafter “emergency measures”) for the protection of national security and public order (the Presidential Emergency Measures No. 9, May 13, 1975, and hereinafter “Emergency Measures”)
(1) The Defendant was sentenced to imprisonment with prison labor for one year and one year of suspension of qualification for a violation of the provisions of Article 16(1)1 of the Seoul District Court’s Military Court’s Military Court’s Military Court’s Military Court’s Military Court’s Military Court’s Military Court’s Military Court’s Military Court’s Military Court’s Military Court’s Military Court’s Military Court
The Defendants were indicted for violating the National Security Act by the Seoul Criminal Court 75Kahap606, and the above court convicted Defendant A of most of the charges on December 31, 1975, and sentenced Defendant A for 8 years of imprisonment and suspension of qualification for 8 years, Defendant B and Defendant C, 4 years of imprisonment and suspension of qualification for 4 years (the summary of the charge of the judgment of the court below 2 is as shown in attached Table 2).
However, as to Defendant A’s violation of Article 104-2(2) of the former Criminal Act (amended by Act No. 4040 of Dec. 31, 1988), the prosecution was revoked on the fourth public trial of the lower court. The Defendants were engaged in the crime of organizing an anti-government organization under Article 4(1) of the former Anti-Public Law (amended by Act No. 3318 of Dec. 31, 1980; hereinafter the same) on the ground that the Defendants conspired with the organization of an anti-government organization on August 31, 1974 at the Gongyang Yangyang-gun’s co-government organization located in Goyangyang-gun, Goyangyang-gun’s co-government organization, and thus, the Defendants were aware of violation of the duty of guiding an anti-government organization under the National Security Act (amended by Act No. 3318 of Dec. 31, 198; hereinafter the same).