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(영문) 서울고등법원 2014.10.02 2014재노27 (1)
대통령긴급조치제9호위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The following facts are acknowledged according to the final records of the judgment subject to review.

A. The Defendant was indicted under the charge of violating the Presidential Emergency Decree No. 9, as the Seoul Criminal District Court’s 78 Gohap79.

On May 31, 1978, the above court found the defendant guilty of charges against the defendant and sentenced the defendant to imprisonment for a year and six months and suspension of qualification for a year and six months.

B. The Defendant and the prosecutor appealed as Seoul High Court 78No850 on the above judgment.

On November 17, 1978, the above court accepted the defendant's assertion of unfair sentencing and reversed the judgment of the court below, and sentenced the defendant to one year and six months of imprisonment, two years of suspended execution, and one year and six months of suspension of qualification (hereinafter "the judgment subject to retrial in this case"), and the above judgment became final and conclusive around that time.

Since then, the defendant was specially pardoned on October 26, 1979.

2. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. Around 16:00 on October 4, 1977, the summary of the facts charged is that the defendant, while talking with the non-indicted F, Dong G, Dong H, etc. in the Eda located in Gwangju City, J, the former president of the Republic of Korea, wasting the foreign currency of the NA to the NAH to the NAH, the former president of the J, and the state law of the Republic of Korea, and the Republic of Korea made an objection against the government of Korea. As such, the Kri was aware of the facts and caused Lriri to leave the KJ from the president, which led the former president to do so. This is the day of spreading the will by making a speech to the effect that the Ma of the National Assembly member of the New Civil Party, who is the former wife of J, would have become such a child by carrying out the presidential politics with LA and the President of the Republic of Korea.

4. We examine ex officio prior to the judgment on the grounds for appeal.

The laws and regulations that should be applied to criminal facts in the case of which the review has commenced.

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