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Defendants are not guilty.
Reasons
1. Summary of the facts charged in this case
A. Defendant A, at F’s house located in Jongno-gu Seoul Metropolitan Government on Nov. 14, 1975, consented to the production of the printed items of “a democratic, national unification flag with height of national origin”, which is a expressive material that openly slanders the President’s emergency measures (hereinafter “emergency measures”) from G to the former Constitution (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “former Constitution”) from G on Nov. 14, 1975, Defendant A, at the same place by not later than 17:00 on the same day, offered with the proposal that “the said printed items 300 to 400, 01:00 copies of the said printed items, from November 16, 1975 to from October 27, 1980 to October 30, 190, the Republic of Korea National University demanding the withdrawal of articles and 600 copies of printed articles for a preliminary assembly and demonstration,” and “the said inducement of articles 90.
B. At around 15:00 on Nov. 17, 1975, Defendant B conspired with L on Nov. 13, 1975, at the Kcadle located in the front of the J University, with L from November 10:50 on Nov. 13, 1975, Defendant B attended the Gun as a member of a day before the J University, and agreed to return the incentive. At that time, at that time, 20 copies of the incentive of the above title “JJL”, and at the Mcad, at around 15:10 on the same day, 120 copies of the incentive of the above title “the finite of democracy, national unification,” “the finite of the national unification,” which was received from L and concealed it, and was prepared for an assembly and demonstration that slandered against 9 of the old Constitution and Emergency Decree.
2. Progress of this case
A. On February 28, 1976, by applying Article 9(7), (1)(b), (c), and (d) of Emergency Decree No. 976, the Seoul District Court found the Defendants guilty of all the above charges, and sentenced the Defendants to a suspended sentence of three years and a suspension of qualification for one year.
In this case, hereinafter referred to as "the case").