The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. According to the records, the following facts are recognized.

A. The Defendant was prosecuted on the charges as indicated in the Attachment, and the Seoul Criminal Court rendered a judgment of conviction on November 7, 1978, by applying the Presidential Emergency Measure (hereinafter “Emergency Measure No. 9”) aimed at protecting the national security and public order, and then applying two years of imprisonment and suspension of qualification to the Defendant.

B. As the Defendant and the prosecutor appealed, the Seoul High Court reversed the judgment of the court below on February 26, 1979 in the 79No19, and sentenced the Defendant to one year and six months of imprisonment and one year of suspension of qualification (hereinafter “the judgment on review”). The judgment subject to review became final and conclusive around that time because the Defendant did not appeal.

C. On January 20, 2012, the Defendant filed the instant request for reexamination. This Court rendered a decision to commence reexamination on the ground that the Emergency Measure No. 9 on June 28, 2013 was unconstitutional and invalid from the beginning, and thus, rendered a decision to commence reexamination pursuant to Article 420 subparag. 5 of the Criminal Procedure Act. Since there was no legitimate filing of an appeal within the filing period, the decision to commence reexamination became final and conclusive as it is, as it is,

2. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. Examining ex officio prior to the determination of the Defendant and the Prosecutor’s assertion, the statutes applicable to criminal facts in the case for which a new trial has commenced are the statutes at the time of new trial.

Therefore, if the law at the time of the judgment subject to new trial is amended, the court shall apply the law at the time of the judgment for new trial to the criminal facts, and if it has been abolished, it shall apply Article 326, subparagraph 4 of the Criminal Procedure

However, the penal law was repealed at the time of new judgment.

Even if the “debristion” is the Constitution from the beginning.