The judgment below

The part against the Defendants is reversed in entirety.

Defendants are not guilty.

1. Review of the progress records of the instant case reveals the following facts.

A. On December 2, 1971, the Defendants were indicted with Defendant D (hereinafter “D”) co-defendants of the lower court and Defendant E (hereinafter “E”) of the lower court as the instant facts charged, such as the attached Form.

On May 10, 1972, the court below found the Defendants guilty of conspiracy with insurrection against the Defendants, conspiracy with the use of explosives, and violation of the Military Service Act against Defendant A, among the facts charged in the instant case, and found the Defendants guilty of violating the National Security Act against Defendant A, and sentenced Defendant A not guilty of the violation of the National Security Act, and sentenced Defendant B to four years of imprisonment and three years of imprisonment (Seoul Criminal District Court Decision 71 Gohap1083 delivered on May 10, 1972). The Defendants and the Prosecutor appealed against the judgment of the court below.

On September 11, 1972, this court reversed the judgment of the court below and sentenced Defendant A to two years of imprisonment and Defendant B to one year and six months of imprisonment on the ground that the judgment of the court below on September 11, 1972 as above is justifiable, but the sentencing against the Defendants is too excessive and unfair (hereinafter “the judgment subject to a retrial”).

Defendants and public prosecutors appealed against the judgment subject to a retrial.

On December 26, 1972, the Supreme Court dismissed both the defendants and prosecutor's appeals (Supreme Court Decision 72Do220 delivered on December 26, 1972). Accordingly, the judgment subject to a retrial became final and conclusive.

(d)

On September 20, 2017, the Defendants filed a petition for a new trial on the judgment subject to a new trial with this court.

On February 9, 2018, the court rendered a decision to commence a new trial on the whole of the judgment subject to a new trial on the grounds that there are grounds for a new trial prescribed in Articles 420 subparag. 7 and 422 of the Criminal Procedure Act among the judgment subject to a new trial (Seoul High Court Order 2017 No. 127 dated February 9, 2018). The decision to commence the new trial became final and conclusive around that time.

2. Summary of reasons for appeal;

A. Defendant A (Defendant A) is erroneous.