The judgment below

The part against the Defendants is reversed.

Defendants are not guilty.

1. Case progress

A. The following facts are acknowledged according to the final records of the judgment subject to a retrial.

(1) As indicated in the summary of the facts charged, Defendant A was indicted for violating the Presidential Emergency Decree that violates the National Security and Public Order Protection, and Defendant B was indicted for violating the Presidential Emergency Decree and the Public Order Protection Act and for concealing evidence. On March 7, 1979, the above court found the Defendants guilty of both the facts charged against the Defendants on March 7, 1979, and sentenced Defendant A imprisonment for one year and six months, suspension of qualification, two years, and one year and suspension of qualification to Defendant B.

(2) The Defendants and public prosecutors appealed to the above judgment as Seoul High Court 79No494 on July 5, 1979, and the above court rejected the Defendants’ misapprehension of legal principles and the assertion of mistake of facts, but reversed the judgment of the court below on July 5, 1979, and sentenced the Defendant A to one year of imprisonment and one year of suspension of qualifications and one year of suspension of qualifications, and one year of suspension of qualifications.

(3) On July 5, 1979, Defendant A renounced the right to appeal, and Defendant B, upon the expiration of the period of appeal on July 13, 1979, became final and conclusive the instant judgment subject to a retrial.

(4) On the other hand, the Seoul High Court, in the case of the request for revision of the Presidential Emergency Decree No. 80 seconds41 on February 21, 1980, released Defendant B from the Presidential Emergency Decree No. 9 on August 12, 1979, rendered a decision to re-determine the suspended sentence for two years in October, with regard to the crime of concealment of evidence in relation to concurrent crimes on the grounds that Defendant B was exempted from the execution of sentence on the violation of the Presidential Emergency Decree No. 9.

B. On May 23, 2011, the Defendants filed the instant request for reexamination, and this Court rendered the presidential emergency measures on August 22, 2013 for the protection of national security and public order.