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(영문) 서울중앙지방법원 2019.03.29 2018재고합40
내란선동등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant and C, D, E, and F, etc., who are engaged in agriculture, are able to participate in the Gwangju situation according to G’s instigates, and on May 22, 1980, the Defendant and C, D, E, and F, etc., are boarding J truck before the Hah Elementary School around Hah H, and “K release”, and “emergency martial law is rescinded”, while carrying with relief and carrying out Hahyeong-gun L workers, the Defendant and C, D, N, F,O, and P, etc., appear at the same time in front of the Pyeong-si Sim Ma, P, which had been in possession of the above Mu-gun’s lux, and had been in possession of the aforementioned Mu-gun’s 15 phoco, F, P, etc., and had been in possession of the aforementioned Pu-gun’s lux, which had been in possession of the aforementioned Mu-gun’s market price, and had been in common order in Qu-gun.

2. A series of acts performed by S, etc. from the military disturbance on December 12, 1979 to the cancellation of emergency martial law on May 17, 1980 upon the commencement of the declaration of the extension of emergency martial law on May 17, 1980 constitutes a crime destroying constitutional order as a crime of insurrection, and “an act related to May 18 Democratization” or “an act preventing or opposing a crime destroying constitutional order committed before and after December 12, 1979 or before and after May 18, 1980” does not constitute a justifiable act for protecting the existence of the Constitution and constitutional order (see, e.g., Supreme Court en banc Decision 96Do376, Apr. 17, 197). Whether a certain act constitutes a “an act destroying the constitutional order” under Article 4(1) of the Special Act on the May 18 Democratization Movement, etc. or an act related to the order of destruction before and after May 198, 198.”

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