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(영문) 춘천지방법원 2014.12.12 2012재고합1 (1)
국가안전과공공질서의수호를위한대통령긴급조치위반
Text

The defendant shall be innocent.

Reasons

1. Although the Defendant’s summary of the facts charged was prohibited from spreading his will in accordance with the Presidential Emergency Decree No. 9 for the promulgation and enforcement of May 13, 1975 and for the protection of public order, he thought that the poor living environment, such as raising living and school expenses due to excessive extracurricular classes, etc., was erroneous in the present society and government policies, and that the gap between the poor and the poor was severe in the present society and government policies on July 28, 1978, at around 14:00, the Defendant-friendly C and C et al. of the Defendant-friendly C in Chuncheon City, stating that “I will be frighting in the campus,” and that “I died of his desire from South Korea and it was impossible for the Prime Minister to see that I died of his political desire, and thus, I died of his will.”

2. On May 17, 1979, the Chuncheon District Court sentenced the Defendant to three years of imprisonment with prison labor and three years of suspension of qualification for a violation of Emergency Measure No. 9 (hereinafter “Emergency Measure No. 9”) on the grounds of the Presidential Emergency Measure No. 9 (hereinafter “Emergency Measure No. 9”) and No. 1 (a) for the national security and the protection of public order, and sentenced the Defendant to the above charges (hereinafter “instant judgment subject to a retrial”), and the Prosecutor dismissed the appeal and the judgment was finalized on August 13, 1979.

3. Determination

A. The unconstitutionality of Emergency Decree No. 9 is when the State faces a serious crisis.

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