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(영문) 서울남부지방법원 2014.03.20 2013재고합16 (2)
대통령긴급조치제9호위반
Text

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

Reasons

1. The summary of the facts charged was produced several times from September 14, 1978 to November 7, 1978 by the Defendant, from E, F, G, etc., and distributed in H University and conspired to lead student demonstrations, after which the Defendant produced printed materials opposing the current Constitution;

A. On October 12, 1978, the Defendant et al. produced a total of 1,800 printed articles that contain the contents of the public invitation to oppose the current Constitution and the political rights;

B. On November 13, 1978, the Defendant, etc.: (a) conducted a demonstration on the part of the Defendant, etc., without prior permission, asserting the abolition of the Constitution of the Republic of Korea, such as: (b) the Defendant, etc., concealed the above printed items, etc. on Nov. 13, 1978; (c) distributed the said printed items to H University; and (d) gathering students; and (d) laying out various singings

C. On December 26, 1978, while the Defendant et al. committed the above crimes and were detained in Yeongdeungpo-gu Branch, the “National Security and Public Order Emergency Measures for the Protection of Public Order” was unfairly slandered by the Defendant et al., for the purpose of unfairly suppressing students, by creating a sings, such as “family,” etc. with I’s own initiative, and cancelling emergency measures and releasing detained students.

2. Case progress

A. On March 7, 1979, the Defendant was sentenced to three years imprisonment and suspension of qualifications for three years (hereinafter “instant judgment subject to a retrial”) pursuant to paragraphs (7), (2), and (1) of the Presidential Emergency Measures for the National Security and the Protection of Public Order (hereinafter “Emergency Measures No. 9”) in the Yeongdeungpo-gu Seoul District Court Decision 78Da311, 79 M&8 (Joint).

Therefore, although the defendant appealed, the above appeal was dismissed on July 6, 1979 (Seoul High Court 79No496), and the judgment subject to a retrial became final and conclusive due to the waiver of the defendant's appeal.

B. On October 18, 2013, the Defendant filed a motion for a new trial on the instant judgment subject to a new trial with the instant court.

This Court on January 20, 2014

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