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(영문) 창원지방법원 진주지원 2018.01.23 2017재고합4
대통령긴급조치제9호위반
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged in the instant case is as follows: D, “In Jinju-si, Jinju-si, 16:30 March 14, 197, the Defendant had drinking alcohol at that place.”

E, F, G, and H are the young people.

I, it is now difficult to say that the student could take a part in his mother.

I The President of the Republic of Korea has long been a brupted regime.

J also shall grant the government power.

It is very big that the U.S.-military steel water J has repeatedly spreaded several times for about 10 minutes in a 10-year period.

2. On May 30, 197, Jinju Branch of Busan District Court found the Defendant guilty of violation of the Presidential Emergency Decree (hereinafter “Emergency Decree No. 9”) for the national security and protection of public order against the Defendant, and sentenced the Defendant to three years of suspension of execution and suspension of qualification for two years of imprisonment (hereinafter “instant judgment subject to a retrial”). The Defendant and the Prosecutor appealed, but the Defendant appealed, but the Prosecutor dismissed the appeal, but the judgment subject to a retrial became final and conclusive on May 9, 1978.

On October 27, 2017, a prosecutor filed a request for a new trial, and this court rendered a decision to commence a new trial on January 5, 2018 on the ground that there was a reason for a new review under Article 420 subparagraph 5 of the Criminal Procedure Act in the judgment subject to a new trial.

The decision to commence a new trial was finalized because there is no legitimate appeal within the appeal period.

3. The statutes applicable to criminal facts in a case where a new trial for judgment has commenced are the statutes at the time of a new trial.

In the event that the law was amended at the time of the judgment subject to new trial, the court shall apply the law to the crime at the time of the judgment for new trial, and if the law was repealed, the court shall render a judgment of acquittal for the crime by applying Article 326, subparagraph

However, even if the penal law was repealed at the time of a new judgment, the abolition is in violation of the Constitution and has no effect.

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