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(영문) 서울북부지방법원 2018.07.20 2017재고합13
대통령긴급조치제9호위반
Text

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

Reasons

1. The summary of the facts charged is “C” in which passengers are heard in the bus on August 27, 1977.

The death will be caused by confluent with C.

C has made a lot of difficulties while living alone for three years.

D D D D D D flusing the words of will to be fluored.

2. Case progress

A. The Defendant was indicted under the charge of the violation of the Presidential Emergency Decree No. 9 for the protection of national security and public order, such as the summary of the facts charged. The Defendant was convicted of the charge by the Seoul District Court Sungbuk Branching 77 high ranking 182. The above court found the Defendant guilty of the charge and sentenced the Defendant to two years of imprisonment and suspension of qualification.

Although the Defendant appealed against the above judgment, the appeal was dismissed on March 15, 1978 (Seoul High Court 78No 148). The Defendant re-appealed but the appeal was dismissed on May 23, 1978 (Supreme Court 78Do940), and the judgment subject to reexamination became final and conclusive as it is.

B. Accordingly, the Supreme Court Decision 2010Hun-Ba70, 132 (Joint) and 170 (Joint) rendered on March 21, 2013 ruled that the Presidential Emergency Measure No. 9 for the national security and the protection of public order violated the Constitution in the decision of the full bench, and the Supreme Court Decision 20119 Decided April 18, 201 ruled that it is unconstitutional and void in all the decisions made by all the collegiate councils at the early 689 early 201.

(c)

On October 31, 2017, a prosecutor filed a petition for a new trial with respect to the instant judgment subject to a new trial. On January 5, 2018, this court rendered a decision to commence a new trial, and the said decision to commence a new trial became final and conclusive as it is.

3. In a case where the statutes on punishment retroactively lose its effect due to the Constitutional Court’s decision of unconstitutionality, or the court declares that the said statutes are unconstitutional, the court shall render a judgment of not guilty in accordance with Article 325 of the Criminal Procedure Act with respect to the defendant's case prosecuted

B. Ab. Ab. was repealed by a penal law

Even if the “deed” was against the Constitution and has no effect, it was against the law.

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