1. The judgment below is reversed.

2. The defendant is innocent;

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

A. The Defendant was indicted with the charge of violating the Presidential Emergency Decree (hereinafter “Emergency Decree No. 9”) for the protection of national security and public order, such as the charges stated in the attached Form. The Defendant was sentenced to imprisonment with prison labor for two years and suspension of qualifications for the Defendant, on July 20, 1976, by the Seoul Criminal Court 75 high ranking 407. The above court found the Defendant guilty of all the facts charged, and sentenced the Defendant to imprisonment with prison labor for two years and suspension of qualifications by applying the Emergency Decree No. 9 (7) and (1)(a).

B. Accordingly, the Defendant appealed to the Seoul High Court Decision 76No. 1743 on the grounds that the sentencing was unfair, and the prosecutor appealed to the lower court on the grounds that the sentencing was unfair. On December 31, 1976, the said appellate court rejected the Defendant’s assertion of mistake of facts. However, upon accepting the Defendant’s unfair assertion of sentencing on the grounds that the lower court’s punishment was too heavy, the lower court accepted the Defendant’s unfair assertion of sentencing, and reversed the lower judgment, and subsequently convicted the Defendant of the foregoing facts charged, and sentenced the Defendant to one year and six months of imprisonment and suspension of qualification by applying the Emergency Measure No. 9, No. 7 and No. 1(a) as it is (hereinafter

On April 26, 1976, the final appeal was dismissed, and the decision subject to a final judgment became final and conclusive.

(d)

On October 27, 2017, a prosecutor filed a request for a retrial on which this Court rendered a decision to commence a retrial on March 14, 2018 on the grounds that there are grounds for a retrial under Article 420 subparag. 5 of the Criminal Procedure Act in the judgment subject to a retrial, and the said decision became final and conclusive as it is.

The grounds for appeal by the defendant and prosecutor are examined ex officio prior to the judgment.

Before wholly amending the Constitution of the Republic of Korea (No. 9 of October 27, 1980) (wholly amended by the Constitution of the Republic of Korea No. 9 of October 27, 1980)

The Emergency Measure No. 9, which was issued on the basis of the Emergency Measure stipulated in Article 53 of the Act, (hereinafter referred to as “the New Constitution”), exceeded the limits of the people’s freedom and rights without satisfying the requirements.