The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged was ordered from B to seize buses, and around 1:30 on May 23, 1980, the Defendant attempted to seize the E buses affiliated with D, which were set up in the Dong-gun C, Young-gun C, but failed without a driver, and the Defendant attempted to go off with F, etc., along with F, etc., such as destroying the knific knific knific knife knife knife g of the bus glass.

2. Determination

A. A series of acts committed by G, etc. in relation to the May 18 Democratization Movement after he/she neglected the military command on December 12, 1979 by military insurrection constitutes a crime of insurrection under the Military Criminal Act and a crime of destruction of constitutional order as an insurrection under the Criminal Act.

(See Supreme Court en banc Decision 96Do376 delivered on April 17, 1997). On the other hand, whether an act constitutes “act related to May 18 Democratization” under Article 4(1) of the Special Act on the 5.18 Democratization Movement, etc. or “act preventing or opposing the act of destroying constitutional order that occurred before or after May 18, 1980, should be reasonably determined by comprehensively taking into account the time, motive and purpose of the act, object, means of use, result, etc.

B. (See, e.g., Supreme Court Decision 2001Do1239, Jul. 13, 2001).

Since the defendant committed an act as stated in the facts charged in this case in order to oppose the martial law group, the above defendant's act constitutes a justifiable act as stipulated in Article 20 of the Criminal Act for the purpose of protecting the existence of the Constitution and the constitutional order, in light of the time, motive, purpose, object, means of use, result, etc. of the act, or the act related to the May 18 Democratization or the crime of destroying constitutional order committed before and after May 18, 1980.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, a judgment of innocence is rendered in accordance with the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is announced in accordance with the main sentence of Article 440 of