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The judgment below
The part against the defendant shall be reversed.
The defendant is not guilty. The summary of the judgment against the defendant.
Reasons
1. Progression to the retrial;
A. The Defendant, as indicated in the attached facts charged, was prosecuted for the violation of the National Security Act and the violation of the Anti-Public Law Act by the Jeonju District Court 76Rahap54, and the lower court found the Defendant guilty of all the charges on November 12, 1976 and sentenced the Defendant to ten years of imprisonment and suspension of qualification.
B. Accordingly, both the Defendant and the prosecutor appealed against the above judgment. Since the Gwangju High Court (No. 76No638) had a concurrent relationship between the crime of which judgment was rendered before April 14, 197 and the crime of which judgment was rendered, the judgment of the first instance is reversed ex officio on the ground that the first instance court did not take such measures and imposed a separate punishment for the crime of which judgment was rendered, and that the first instance court committed an illegal act of which judgment was sentenced only for the whole of the crime, and the prosecutor of the second, third, and fourth of the facts charged (No. 4 of the judgment of the first instance), stated the applicable provisions of Article 4 (4) of the former National Security Act (amended by Act No. 3318 of Dec. 31, 1980; hereinafter the same shall apply) and Article 39 (1) of the Criminal Act, Article 39 (1) of the same Act and Article 98 (1) through 4 of the former National Security Act (see Article 98 (2) of the National Security Act).
On April 15, 197, the decision for a retrial was rendered that the defendant would be punished by imprisonment with prison labor for 7 years and suspension of qualification for 7 years (hereinafter referred to as "the decision for a retrial"), and on April 15, 197, the decision for a retrial became final and conclusive as it is by waiver
C. After the completion of the sentence, the Defendant died on December 17, 2002, and the Defendant’s child B on April 15, 201.