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(영문) 수원지방법원 2019.03.29 2018재고합16
계엄법위반
Text

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

Reasons

1. The defendant is a person who attended the second grade of the department of law at B University, and is engaged in activities as C's member from March 1980, while serving as a member of C.

3. 20. The second public hearing autonomous to a driving school;

4. In the course of attending various within the school assemblies, such as the assembly demanding the retirement of a professor for fish, the 58 Democratization Modemity society, etc.;

(a) The year;

5. 14. 13:00 At the same time, students are gathered with 8,00 students under the direction of the president of the General Council of Students D, and return to the front of the Jeonnam-do Office prior to the departure of the Dong school through the new dong, Heungdong, Heungdong, and Geumnam-do.

(b) The year;

5.15.15.15.00 At a square in front of the Jeonnam-do Office, 10,00 college students are gathered, participating in that square, going out of the same relief, and farming;

(c) year;

5. At around 19:00, at the same square around 19:00, only 20,00 college students in Gwangju City participated in the gathering of the same relief, and conducted each unlawful demonstration, such as putting out the same relief, such as Geumnam-ro, mountain-water Dong, and cultural Dong.

2. A series of acts performed between E, etc. and the commencement of a declaration of the extension of emergency martial law on December 12, 1979 on May 17, 1980 on May 17, 1980 and the cancellation of emergency martial law constitutes a crime of destruction of constitutional order as an insurrection (see, e.g., Supreme Court en banc Decision 96Do376, Apr. 17, 197); “an act related to the May 18 Democratization Movement” or “an act preventing or opposing a crime of destruction of constitutional order that occurred before or after December 12, 1979 and May 18, 1980” is not a justifiable act for the existence of the Constitution and the protection of constitutional order.

(See Supreme Court Decision 2001Do1239 delivered on July 13, 2001). In light of the time, motive, purpose, object, means of use, result, etc. of the act of the defendant as stated in the facts charged of this case, the act of the defendant as stated in the facts charged of this case was committed against or against the crime of destruction of constitutional order that occurred before and after December 12, 1979 and May 18, 1980, and was committed against the crime of destruction of constitutional order.

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