Text
1. The plaintiff A's lawsuit shall be dismissed.
2. Attached Form to the defendant
1. The phrase “Plaintiff” in the “written claim amount and the cited amount table.”
Reasons
1. Facts of recognition;
A. 1) On May 13, 1975, the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980) (wholly amended by Act No. 9 of Oct. 27, 1980) (hereinafter “former Constitution”).
) Pursuant to Article 53 of the Presidential Emergency Decree for the Protection of National Security and Public Order (amended by the Presidential Emergency Decree No. 9 on May 13, 1975, and released by the Presidential Notice No. 67 on December 7, 1979; hereinafter “Emergency Measure No. 9”).
(2) Article 9(1)(a) of the Emergency Decree prohibits “an act of openly disseminating, distributing, selling, possessing, or displaying any content that violates paragraph (1) by means of a broadcast, news, or any other means, or in any other way, or producing, distributing, selling, possessing, or displaying any content thereof.”
Emergency Decree No. 9(7) provides that a person shall be punished by imprisonment with prison labor for not less than one year and suspension of qualification for not less than ten years when he/she violates it, and that he/she shall be punished by attempted crimes, reserve or conspiracy.
3) Meanwhile, Article 9(8) of the Emergency Measures Act stipulated that “a person who violates the Emergency Measures No. 9 may arrest, detain, seize, or search without a judge’s warrant.” (B) Plaintiff A’s arrest and prosecution, etc. (i) served as a sergeant at the Army without a warrant on March 10, 1976, who was arrested on the charge of violating the Emergency Measures No. 9.
2) At the General Law Meeting of the Military Command, Plaintiff A indicted as charged the facts charged that “Plaintiff A spreaded the K Act, which is a will expression,” and the Prosecutor applied Article 9(1)(a) and (7) of the Emergency Measures Act to the above facts charged.
4 During the process of the instant case, the military prosecutor shall attach the facts charged.
2. A change in the facts charged (hereinafter “instant facts charged”) as stated in the facts charged, and the applicable provisions of the Act were changed to paragraphs (2), (1) and (7) of the Emergency Measures Act.
C. 1 Military Command General Law Meeting on March 31, 1976, including the conviction against the plaintiff A.