1. Of the judgment of the first instance, part of the judgment against Plaintiffs A, F, G, H, I, J, K, L, M, and N is modified as follows:

The defendant.

1. Basic facts

A. 1) The former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980) (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “new Constitution”).

Article 53 of the Presidential Emergency Decree No. 4 (hereinafter “Emergency Decree No. 4”) is referred to as “Emergency Decree No. 4.”

(2) On April 20, 1974, the plaintiff A was arrested on or around April 3, 1974 as a police officer belonging to the defendant without a warrant due to the violation of Emergency Measure No. 4, and on August 3, 1974, after being detained under a warrant on August 3, 1974, the Emergency General Law Council (it was established by Presidential Emergency Decree No. 2, which was issued on January 8, 1974, based on Article 53 of the 1974 Constitution) No. 26 of the 74th non-military rank.

3) On August 8, 1974, the above Emergency Military Law Meeting: (a) applied Article 4(8), (6), and (5) of Emergency Decree No. 4 to the above facts charged against Plaintiff A and sentenced the Plaintiff A to seven years of imprisonment with prison labor for the Plaintiff; (b) as to the above judgment, Plaintiff A appealed from the Emergency High Military Law Meeting (it was established by Presidential Emergency Decree No. 2, which was issued on January 8, 1974, based on Article 53 of the New Constitution) 74 high-ranking Military Law Meeting (it was established by Presidential Emergency Decree No. 2, which was issued on January 8, 1974; and (c) the above Emergency Military Law Meeting rejected Plaintiff A’s assertion of mistake of facts and the assertion of unfair sentencing, but reversed the above judgment and sentenced Plaintiff A to five years of imprisonment with prison labor for the Plaintiff.

(5) On October 18, 1974, the judgment subject to a retrial became final and conclusive upon the Plaintiff’s final appeal filed by the Plaintiff (hereinafter “the judgment subject to a retrial”). Meanwhile, on the other hand, on December 3, 1974, the Plaintiff (hereinafter “the judgment subject to a retrial”) released the Plaintiff from the suspension of execution of punishment.

B. On September 22, 2011, Plaintiff A’s petition for retrial and judgment of innocence became final and conclusive. Emergency Decree No. 4 applied to Plaintiff A by the judgment subject to retrial on September 22, 2011 is unconstitutional. The investigators in charge of investigation at the time arrested Plaintiff A without the warrant of a judge.