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(영문) 서울고등법원 2013.10.25 2013재노103
국가안전과공공질서의수호를위한대통령긴급조치위반
Text

The judgment below

The part against the defendant shall be reversed.

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

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

On January 28, 1978, the Defendant was sentenced to imprisonment with prison labor for one year and suspension of qualifications for a violation of the Presidential Emergency Decree for the national safety and the protection of public order (hereinafter “Emergency Decree No. 9”) in the Yeongdeungpo-gu Seoul District Court Decision 77 Gohap310, the Defendant was sentenced to one year.

On June 3, 1978, the lower judgment was reversed on June 3, 1978 in Seoul High Court 78No264 case, for which the Defendant and the Prosecutor appealed, and the Defendant was sentenced to two years of suspended sentence and suspension of qualification for one year (hereinafter “instant judgment subject to a retrial”), and the said judgment became final and conclusive on September 26, 1978.

On October 1, 2013, the Defendant filed a request for retrial of this case, and accordingly, this Court rendered a final decision on October 7, 2013 as it became final and conclusive.

Summary of Grounds for Appeal

The lower court erred by misapprehending the facts, which found the Defendant guilty, even though there was no unlawful assembly or demonstration, although the Defendant was attempted to participate in the symposium that was decided to hold with prior permission from the university authorities to which he belongs, and that it was known of the reason for postponement and stayed therein, and did not have made an unlawful assembly or demonstration.

The court below asserts that, with respect to the punishment imposed by the defendant, the defendant is too unreasonable, and the prosecutor argues that it is too unreasonable.

On October 7, 197, the Defendant, along with Co-Defendant 2, 14:00, announced the fact that the “social movement course centered on the 1920ss,” which was organized by the Social Department of C University at C University at approximately 400 students to attend the core of the subject, was delayed due to the school authority’s circumstances, and that the said core learning was delayed, and the 4th grade D of the social department of C University at C University at around 14:00, 197, announced the fact that he was living in the society of C University at C University at around 26, 197.

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