The defendant shall be innocent.

1. The summary of the facts charged in the instant case is: (a) the Defendant was enrolled in the second grade in the economics and the second grade of G University; (b) the Defendant led the student demonstration at G University on June 12, 1978; (c) the Defendant asserted the abolition of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of October 27, 1980; hereinafter referred to as the “new Constitution”) and publicly slandered the Presidential Emergency Decree for the National Security and Protection of Public Order (hereinafter referred to as “Emergency Decree No. 9”) from around 12:30 to 13:40 on the same day, while being aware that the Defendant was aware of the fact that he was going to open the library with approximately 130 students, who were 130 students in the stairs between G University 2 and 3: from around 10 to 13:40 on the same day; (d) was aware of the fact that the Defendant’s demonstration was unlawful, leading by the head of G University from around 13:30, etc.

2. Progress of this case

A. On February 24, 1979, by applying Emergency Decree No. 9(7), (1)(b), (c), and (d), the Seoul District Court found the Defendant guilty of all the charges and sentenced the Defendant to ten months of imprisonment and suspension of qualification for one year.

(2) On June 13, 1979, the Defendant and the Prosecutor appealed respectively, but the Defendant and the Prosecutor’s appeal were all dismissed in Seoul High Court Decision 79No422 Decided June 13, 1979. The instant judgment subject to a retrial became final and conclusive on June 13, 1979 upon waiver of the right to appeal.

B. On September 30, 2013, the Defendant filed a motion for a new trial on the instant judgment subject to a new trial.