logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2017.12.21 2017재고합1
대통령긴급조치제9호위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant 15:30 on February 20, 1976, while drinking with D D in the restaurant located in Ansan-si, Andong-si, Seoul, about a large amount of interest, “E cannot know how much politics is in the center, but it is not a Femin for us.”

"E has caused a military revolution," and "E has been 3 years of politics and has come into a Gongnish, and has long been satisfy, and satisfys and dialogues with North Korea, and our life can not be elected once by the President.

The phrase, “,” etc. spreads false facts.

2. Progress of this case

A. On May 20, 1976, the Defendant was charged with the charge of violating the Presidential Emergency Decree No. 9, the Daegu District Court of the Republic of Korea (Seoul District Court 76 Gohap18), and this Court found the Defendant guilty of the charge of this case on May 20, 1976 and sentenced to one year of imprisonment and suspension of qualification.

“The judgment subject to a retrial was pronounced.”

Accordingly, the defendant and the prosecutor appealed (Tgu High Court 76No. 659), while the appellate court dismissed each appeal on September 23, 1976.

“A judgment was pronounced,” and the judgment subject to a retrial became final and conclusive at that time.

B. On October 25, 2017, a prosecutor filed a petition for a new trial with respect to a judgment subject to a new trial. This court rendered a decision to commence a new trial on December 5, 2017, and the decision to commence a new trial became final and conclusive as it is.

3. Determination

A. Supreme Court Decision 9 Decided April 18, 2011 at the early 6899 Decided April 201, 201, declared that the presidential emergency measures for the protection of national security and public order (hereinafter “emergency measures No. 9”) were unconstitutional for the following reasons.

1) In the event of a serious crisis that is unable to be dealt with by the means of exercising power in accordance with the constitutional order at ordinary times, the president’s decision on the emergency power exercised to ensure the national existence should be respected.

arrow