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(영문) 서울고등법원 2014.09.18 2013재노92 (1)
대통령긴급조치제9호위반
Text

The judgment below

We reverse each part of the violation of the anti-public law.

Of the facts charged in the instant case, each violation of public law.

Reasons

1. Case progress and scope of trial of this court;

A. According to the progress records of the case, the following facts are acknowledged.

1) The Defendant determined the judgment subject to a retrial (Presidential Emergency No. 9, May 13, 1975, Presidential Emergency Decree No. 9, and “Emergency Measure No. 9”) for the protection of national security and public order.

(1) Violation of the former Anti-Public Law (amended by Act No. 3318, Dec. 31, 1980; hereinafter the same shall apply)

(2) The Defendant and the Prosecutor appealed to the Seoul High Court 79No1455 on December 8, 1979, the lower court reversed the lower judgment on December 30, 1982 on the grounds that the Emergency Measure No. 9 was revoked on December 30, 1979, and sentenced to a one-year suspended sentence and suspension of qualification for one-year imprisonment for a violation of the former Anti-Public Law among the facts charged (Articles 2 and 3 of the facts charged), and a two-year suspended sentence and suspension of qualification for a violation of Emergency Measure No. 9 (Articles 1 and 4 of the facts charged) (hereinafter “instant judgment subject to a retrial”).

(2) On September 2, 2013, the Defendant filed a final appeal against a judgment subject to a retrial with Supreme Court Decision 83Do357, and the Supreme Court dismissed the final appeal on July 12, 1983, and the instant judgment subject to a retrial became final and conclusive. (2) On September 2, 2013, the Defendant rendered a request for a retrial against the instant judgment subject to a retrial. On June 5, 2014, the court rendered a decision to commence a retrial on the conviction part of the judgment subject to a retrial, and the said decision became final and conclusive.

B. As seen earlier, the part of the judgment subject to a retrial, which commenced prior to the scope of the judgment in this Court, is guilty (the violation of the former Public Law among the facts charged), and the part of acquittal among the judgment subject to a retrial (the violation of each emergency measure among the facts charged) is subject to a retrial

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