1. The judgment below is reversed.

2. The defendant is innocent;

1. According to the progress records of the case, the following facts are acknowledged.

A. The Defendant was prosecuted for violating the Presidential Emergency Decree No. 9 (hereinafter “Emergency Decree No. 9”) for the national security and the protection of public order, and the violation of the anti-public law. On July 20, 1977, the said court convicted the Defendant of the entire facts charged, and sentenced the Defendant to 10 years of imprisonment and suspension of qualification for 10 years.

B. Accordingly, the defendant and the prosecutor filed an appeal against the above judgment with Daegu High Court 77Noh807, and the above appellate court affirmed the defendant's unfair judgment's guilty verdict on December 13, 1977 and reversed the judgment of the court below and sentenced the defendant to 8 years of imprisonment and suspension of qualification for the defendant (hereinafter "the judgment subject to a retrial").

After that, the Defendant filed an appeal against the judgment subject to a retrial with Supreme Court Decision 77Do4058, but on February 28, 1978, the final appeal was dismissed, and the judgment subject to a retrial became final and conclusive.

(d)

On December 8, 1979, in the case of a request for correction of punishment No. 799 and 65 on December 19, 1979, the Daegu High Court again rendered a decision on the violation of the anti-public law, which is related to the concurrent crimes, under Article 39(3) of the Criminal Act, as the Emergency Decree No. 9, which was decided by the defendant, was released as of December 8, 1979, on the ground that the punishment was abolished and the execution of the punishment was exempted, and again decided on the violation of the anti-public law, which is related to the concurrent crimes, pursuant to Article 39(3) of the Criminal Act.

E. On May 21, 2014, a petitioner for a retrial filed a petition with this court for a retrial on the subject matter of a retrial. On October 26, 2015, this court rendered a decision to commence a retrial on the grounds that there are grounds for a retrial under Article 420 subparag. 5 and subparag. 7 of the Criminal Procedure Act in the subject matter of a retrial, and the said decision became final and conclusive as the limit of the filing period.

2. Summary of grounds for appeal;

A. As to Defendant 1’s mistake of facts or misapprehension of the legal doctrine, Defendant 1 violated Emergency Decree No. 9.