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(영문) 서울남부지방법원 2014.02.07 2013재고합19
대통령긴급조치제9호위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is that the Defendant was enrolled in the Korean Department of Literature University (U.S.) and against J, K, L, etc., or against the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “new Constitution”), at around 17:00 on September 24, 1978, the Defendant opposed to the students’ demonstration which openly slanders the presidential emergency measures for national safety and protection of public order (hereinafter “Emergency Decree No. 9”), and at around 0:0 on October 17: 17, 1978, the Defendant was released from J, K, or K to the public of the Republic of Korea on September 10, 1978, and the Defendant was released from J, 197, to the public of the Republic of Korea on October 11, 1978, to use the first 7 U.S. Declaration and the place of demonstration at around 0:37, 1978.

2. Progress of this case

A. On February 24, 1979, by applying Emergency Decree No. 9(7), (1)(b), (c), and (d), the Seoul District Court found the Defendant guilty of all the charges and sentenced the Defendant to one year of imprisonment and suspension of qualifications.

(2) On May 31, 1979, the Seoul High Court dismissed all of the above appeals. On May 31, 1979, the instant judgment subject to a retrial became final and conclusive on May 31, 1979 after the Defendant renounced the appeal.

B. On November 21, 2013, the Defendant filed a motion for a retrial regarding the instant judgment subject to a retrial, and this court rendered a decision to commence a retrial on November 28, 2013.

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