The case where it is recognized that the contents of printed articles constitute a case where the Korean Constitution against or to abolish the presidential Emergency Decree No. 9-1(b) is asserted.

In the description of the printed material, the expression "a person who has been convicted of 40 persons by combining 40 persons who have claimed the ruptures of four months with a hup of a motor vehicle," and the expression "a person who has the hupbbbb "a person who has the huping of the hup of the hupbbbb" indicates that "a person who has the huping of the huping of the hupbb of the hup of the hupbs of the Republic of Korea, who has the huping of the hup of the hup of the hup of the hupb

Paragraph 9(1) of the Presidential Emergency Decree No. 9 to protect national security and public order.

Defendant 1 and one other

Defendants

Seoul Criminal Court of the first instance (76 High Court Decision 240)

The judgment of the court below is reversed.

Defendant 1 shall be punished by imprisonment for two years and suspension of qualifications for two years, by imprisonment for one year and suspension of qualifications for one year, respectively.

One hundred days of detention days prior to the declaration of the original judgment shall be included in the above imprisonment.

The gist of the defendants' grounds for appeal is that the court below found the defendants guilty as to the facts constituting the crime that the defendants produced and distributed the expressive materials prescribed in paragraphs (7), (2) and (1) (b) of the Presidential Emergency Decree for the National Security and the Protection of Public Order, although there is no room to view that they had instigated the abolition of the Constitution of the Republic of Korea in any of the specific contents, the court below found them guilty. Second, the court below found them guilty as to the facts affecting the judgment. Second, even though the defendants 2 conspired with the defendants 1 and did not jointly bring about the facts charged, the court below found them guilty as to the defendants 2. Third, the defendants' contents of the appeal are not for the purpose of inducing the formation and distribution of the above expressive materials, but for the purpose of inducing the students to participate in the Gabal event, and it did not affect the conclusion of the judgment of the court below to find them guilty because they did not have any influence on the defendant's physical harm.

Therefore, first of all, the defendants' grounds for appeal are examined as to the first issue of the defendants' defense counsel's grounds for appeal, and in light of the contents of "Woo-man's defense counsel's argument to oppose or abolish the Constitution of the Republic of Korea stipulated in Paragraph (1)(b) of the above Presidential Emergency Decree, the grounds for appeal as to mistake of facts cannot be accepted, and the second issue of the defendants' defense counsel's appeal and second issue of the defendants' appeal, and third issue of the defendants' appeal, and third issue of the defendant's defense counsel's appeal, and third issue of the defendant's appeal, and third issue of the defendant's defense counsel's evidence examination can not be accepted in light of the records of the court below's examination of facts, since the court below's evidence examination of facts can not be accepted in light of the evidence duly adopted by the court below.

Finally, the fourth point of appeal by the Defendants and their defense counsel is examined in light of the following: (a) the Defendants’ age, character and conduct, environment, motive, means, consequence, etc. of the instant crime; and (b) the determination of the sentence against the Defendants is too unreasonable since the determination of the sentence by the lower court is too unreasonable, and therefore, there is a reason to file an appeal by the Defendants; and (c) the lower court is not dismissed.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the member is again decided.

(Criminal Facts and Summary of Evidence)

Since the criminal facts of the defendant recognized as a party member and the summary of the evidence are as shown in each corresponding column of the judgment of the court below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

(Application of Acts and subordinate statutes)

The so-called Defendants’ holding shall be punished by imprisonment with prison labor for two years and suspension of qualifications for two years, and one year and suspension of qualifications for one year, respectively, within the scope of each term of imprisonment for the purpose of protecting the national security and public order, and one hundred days of detention prior to the declaration of the judgment of the court below under Article 57 of the Criminal Act, from among the detention days prior to the declaration of the court below under Article 57 of the Criminal Act.

It is so decided as per Disposition with the above reasons.

Judges Kim Sang-won (Presiding Judge)