Whether it constitutes "radio waves" as referred to in subparagraph 9 of the Presidential Emergency Measures Act in a case where only a specific person reports a fact.

The so-called "radio wave" in subparagraph 9-1 A of the Presidential Emergency Decree is an act of spreading widely. Thus, when a certain person speaks to a certain person, it cannot be deemed a radio wave unless there are special circumstances.

Emergency Measure No. 9

Defendant

Seoul High Court Decision 77No1517 delivered on December 1, 1977

The judgment below is reversed, and the case is remanded to Seoul High Court.

ex officio scamba,

According to the facts of the crime acknowledged by the court of first instance, the court below recognized that the defendant only told the non-indicted 1's person in the first instance Kim Jong-man to speak the horses such as the prime time, and determined that the defendant distorted and distorted facts. However, since the " radio waves" in the Presidential Emergency Decree No. 9-1 for the National Security and the Protection of Public Order is an act that spread widely, it should be seen as an act that spread widely. Thus, when the defendant got the horses to the above Kim Jong-dong, it is recognized that the person in a situation where the above horses were in the position to listen to the horses, or that the defendant anticipated and told the end to transfer the horses to another person in the future, or that the above Kim Jong-dong anticipated the end to move to another person in the future, the court below erred by misapprehending the above Kim Jong-man only on the one hand, and it should be deemed that the court below erred by misapprehending the above circumstances at the time of the above decision (see Supreme Court Decision 2007Do16779, Jul. 16, 197). 197.

Therefore, without further proceeding to decide on the Defendant’s grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)