Text
The judgment below
The part against the defendant shall be reversed.
The defendant shall be innocent.
Reasons
The following facts are acknowledged according to the progress records of the instant case.
A. As indicated in the summary of the facts charged, the Defendant was indicted by the Seoul District Court for 78 high 258 high ranking 258. On February 24, 1979, the above court found the Defendant guilty of the charges and sentenced the Defendant to imprisonment for a short term of eight months, maximum ten months, and suspension of qualifications for the purpose of protecting the national security and public order (hereinafter “Emergency Measure No. 9”).
B. As to the part of the judgment of the court below regarding the Defendant, the Defendant and the Prosecutor appealed to Seoul High Court 79No422 on the grounds of unfair sentencing. On June 13, 1979, the above court accepted the Defendant’s unfair argument of sentencing, and reversed the part against the Defendant, and subsequently convicted the Defendant of the above charges, and sentenced the Defendant with a suspended sentence of two years and suspension of qualification for the period of October by applying subparagraph 9 subparag. 7, subparag. 1(b), C, and subparag. d of Emergency Measures (hereinafter “the judgment subject to a retrial”). The part against the Defendant in the judgment subject to a retrial became final and conclusive without a final appeal.
(c)
On October 25, 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 among the defendant in the judgment subject to a retrial, and the decision to commence the retrial became final and conclusive as they are.
The grounds for appeal by authority shall be 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 issued pursuant to Article 53 of the Act on the Protection, Protection, and Protection, etc. of Personal Rights and Protection, etc. of Personal Rights and Protection, etc. of Personal Rights and Protection, etc. of Personal Rights and Protection, etc. of Personal Rights and Protection, etc. of Personal Rights and Protection, etc. of Personal Rights and Protection, etc. of Personal Rights and Protection, etc.