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(영문) 광주지방법원 목포지원 2014.02.20 2013재고합2
대통령긴급조치제9호위반
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Summary of the facts charged and the progress of the case

A. The summary of the facts charged in this case is that the Defendant was a person called up for defense on February 28, 197 and worked as a weapons guard soldier belonging to the Defendant. On February 28, 1977, the Defendant: (a) committed an act in concert with those detained in violation of the ordinary emergency measures, and (b) took place in Gwangju on April 10, 197 by denying or opposing the Constitution of the Republic of Korea; and (c) requested the production of a resolution demanding the release of a detained person, against the physical constitution, such as the removal of a new constitution and emergency measures; (d) jointly with J, K, L, and L, jointly with the Defendant, from around 19:30 on April 9, 197 to 20:0, “1. Social reform of the law and social system to suppress or reserve the fundamental rights and survival rights of the people; and (e) restoration of free democracy; and (e) suspension of any act in accordance with the Constitution of the Republic of Korea’s name and freedom of expression, such as suppression of free democracy;

B. In the case of the judgment of conviction and the judgment of final judgment of conviction against the Defendant in the Supreme Court Decision 77th Order No. 153 delivered on September 29, 197, the Court convicted the Defendant of the above charges, and sentenced the Defendant for two years of suspended execution and suspension of qualification for one year of imprisonment (hereinafter “the judgment of retrial”) and the judgment of retrial became final and conclusive.

C. In the case of a decision subject to a final judgment on the specific contents of the Presidential Emergency Measure No. 9, the above facts charged are issued based on the Emergency Measure Authority stipulated in Article 53 of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “former Constitution”). The Presidential Emergency Measure for the National Security and the Protection of Public Order, issued on May 13, 1975.

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