The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. According to the progress records of the case, the following facts are acknowledged. A.

On August 8, 1974, the Emergency General Military Conference recognized the facts charged as stated in the separate sheet against the Defendant. As to the defamation of each of the emergency measures, Article 53 of the former Constitution (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter the same shall apply), Article 1 (5) of the Presidential Emergency Decree No. 1 (hereinafter referred to as the “Presidential Emergency Decree No. 1”) and Article 4 of the Presidential Emergency Decree No. 4 (hereinafter referred to as the “Emergency Decree No. 4”) of the former Criminal Act (amended by Act No. 5057 of Dec. 29, 195; hereinafter the same shall apply), Article 307 (2) of the former Criminal Act (amended by Act No. 5057 of Dec. 31, 1980); Article 5 of the former Criminal Act (amended by Act No. 3318 of Dec. 31, 1980; hereinafter the same shall apply) were concurrent with each of Article 4(1) of the former Criminal Act.

(74 non-military deductibles 35).(b)

The defendant filed an appeal. On September 23, 1974, the Emergency High Military Court Decision reversed the judgment of the court below and sentenced the defendant to 12 years of imprisonment and suspension of qualifications for the reason that the sentence of the court below is more severe.

On March 11, 1975, the final appeal was dismissed and became final and conclusive on March 11, 1975.

C. On March 23, 2018, the Prosecutor’s Emergency Measure No. 1 and Emergency Measure No. 4 applied in a judgment subject to a retrial.