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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. The summary of the facts charged in this case against the defendant is as shown in the annexed sheet.
2. Case progress
A. On September 7, 1974, the Emergency General Law Meeting established under Article 53 of the former Constitution of the Republic of Korea (amended by Act No. 9 of Oct. 27, 1980, hereinafter referred to as the “former Constitution”) and subparagraph 2 of the Presidential Emergency Decree of Jan. 8, 1974, recognized the Defendant as guilty of the facts charged, sentenced the Defendant to 15 years of imprisonment and suspension of qualifications for a violation of subparagraph 1 of the Presidential Emergency Decree (hereinafter referred to as “the judgment on review”), and thereafter, the judgment subject to a review was dismissed by the High Military Court Decision No. 7455, Oct. 11, 1974; the appeal was dismissed by the High Military Court Decision No. 74Do3492, Jan. 28, 1975.
B. On September 2, 2013, a claimant for a retrial filed a petition for a retrial on the judgment subject to a retrial. This court accepted a petition for retrial by the petitioner for a retrial on September 24, 2013 and rendered a decision to commence a retrial on September 24, 2013, and the decision to commence a retrial became final and conclusive without a legitimate appeal
3. Measures to be taken by the court where the abolished or invalidated penal-related Acts and subordinate statutes are invalidated initially.
A. Since the statutes applicable to criminal facts in a case for which a new trial has commenced are the statutes at the time of a new trial, the court shall apply the statutes at the time of the new trial to the criminal facts where the said statutes were modified, and in principle, render a judgment of acquittal for the criminal facts by applying Article 326 subparag. 4 of the Criminal Procedure Act
However, in a case where the penal law has retroactively lost its effect due to the decision of unconstitutionality by the Constitutional Court, or the court has declared that the statute has been unconstitutional, the court shall render a verdict of innocence to a prosecuted case against which a public prosecution was instituted by applying the pertinent statute in accordance with
(2).