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(영문) 서울중앙지방법원 2018.04.24 2018재고합7
대통령긴급조치위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

I. Progress of the retrial procedure of this case

A. On March 15, 1974, the Defendant was convicted of the charges charged at the ordinary military council of general law, and was sentenced to imprisonment with prison labor for 15 years and suspension of qualifications for a violation of the Presidential Emergency Decree under Article 5 of the former Act (amended by Act No. 3594, Dec. 31, 1982; hereinafter the same shall apply) and Article 54 of the former Act (amended by Act No. 3594, Dec. 31, 198), and sentenced to a conviction of 15 years of suspension of qualifications for 15 years (No. 74,8 of the ordinary military council of general law). However, the Defendant appealed on April 17, 1974 on the ground that the Defendant violated the Constitution’s fundamental rights, which was unconstitutional since 74 years ago, and that the Defendant violated the Constitution’s fundamental rights, and thus, the Defendant was released from the judgment subject to a new trial on November 26, 1974 (No. 208).

II. In an indivisible final and conclusive judgment that found several criminal facts in the relationship of concurrent crimes within the scope of adjudication by this Court to be guilty, where it is deemed that there are grounds for request for retrial only for a part of the facts constituting a crime, the judgment is rendered in the form of a single sentence.

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