The judgment below

The guilty portion against the defendant shall be reversed.

Of the facts charged in the instant case, the meeting and the issuance of order is followed.

1. The following facts are acknowledged according to the progress records of the instant case.

A. On May 21, 1974, the Defendant was indicted against the violation of the National Security Act (Seoul Criminal Court 74Gohap325), espionage, and violation of public law. While the judgment of the court below was in progress, the case of violation of anti-public law (74Gohap460) was combined.

B. On October 11, 1974, the above court rendered acquittal of the facts charged in the attached Form II 15, and acquitted of each of the facts charged in the attached Form I 1 through 4 on the grounds that the statute of limitations has expired, and sentenced the defendant to imprisonment for ten years, suspension of qualifications for ten years, additional collection of 271,740 won.

C. The Defendant and the Prosecutor filed an appeal with this Court 74No1403. This Court dismissed the Defendant’s appeal and the Prosecutor’s appeal with respect to the acquittal portion of the lower judgment, and reversed the acquittal portion and the conviction portion of the lower judgment on the grounds of the prosecutor’s modification of indictment, and sentenced the Defendant to imprisonment with prison labor for the same ten years, suspension of qualifications for ten years, and additional collection KRW 271,

(hereinafter referred to as "the Judgment of this Court") D.

On July 8, 1975, the Defendant filed an appeal against the judgment subject to a retrial with the Supreme Court Decision 75Do1439, and the Supreme Court dismissed the Defendant’s appeal, and the judgment subject to a retrial became final and conclusive.

On August 15, 1981, the Defendant had been living in prison for about seven years and four months until he was released as a mining diversists.

E. On May 13, 2011, the Defendant filed a petition for a retrial on the judgment subject to a retrial with this Court 201No76.

This Court recognized that the defendant was detained illegally by the investigator of the Central Information Department at the Kimpo-public port of April 4, 1974, and that the judicial police officer who participated in the investigation that served as the basis of the prosecution committed a crime related to his duties, and the statute of limitations for such crime has expired and the judicial police officer committed a crime.