The judgment below

The part against the Defendants is reversed.

Defendants are not guilty.

1. Case progress

A. The following facts are acknowledged according to the final records of the judgment subject to a retrial.

(1) As stated in the summary of the facts charged, the Defendants were indicted for violation of the Presidential Emergency Decree No. 9, by the Seoul Criminal Court’s Yeongdeungpo Branch of the Seoul Criminal District Court. The above court found the Defendants guilty on December 27, 1975 on the charges of violation of the Presidential Emergency Decree No. 9. On the following grounds: (a) four years of imprisonment and suspension of qualifications for the Defendants; (b) three years of imprisonment for the Defendants and four years of suspension of qualifications for the Defendants; (c) three years of suspension of qualifications for the Defendants J; (d) two years of imprisonment for the short term, three years and suspension of qualifications for the Defendant J; (e) two years and six months of suspension of qualifications for the Defendants, two years and six months of imprisonment for the Defendant F; and (b) two years and suspension of qualifications for the Defendant F; and (e) one year and suspension of qualifications for the Defendants E and I, one year and one year of suspension of qualifications for each of them.

(2) The Defendants and the Prosecutor appealed to the above judgment as Seoul High Court 76No304 on April 26, 1976, and the above court reversed the part of the Defendant F on the grounds of the amendment of indictment on April 26, 1976, and rejected the remainder Defendants’ assertion of mistake, violation of Acts and subordinate statutes and misapprehension of legal principles, but reversed the judgment of the court below on the grounds of unfair sentencing, two years and suspension of qualifications for each of the Defendants’ net A, B,F and G, two years and suspension of qualifications, two years and six months and six months of imprisonment, one year and six months and suspension of qualifications for Defendant H, one year and six months and one year and six months of suspension of qualifications, and one year and six months and one year and six months of suspension of qualifications for Defendant H, and one year and six years and one year and six months of suspension of qualifications for each of the Defendant E and one year and one year and one year and six months of suspension of qualifications for Defendant I, respectively.

(3) Of the instant judgment subject to a retrial, the part concerning Defendant A, B, R, and D among the instant judgment subject to a retrial is a waiver of the right to appeal on April 27, 1976, and the part concerning Defendant E, and J is a lapse of the respective period of appeal on May 4, 1976, and the part concerning Defendant F is a waiver of the right to appeal on April 28, 1976, and the part concerning Defendant G, and H is a waiver of the right to appeal on April 30, 1976.