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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged in this case is that the Defendant was sentenced to suspension of qualifications for two years at the Seoul District Criminal Court on January 25, 1978 to the charge of violating the presidential emergency measures for the national security and the protection of public order. The Defendant was a person who is serving in prison in the Kimhae prison, and was detained in the Seoul Detention Center in Seodaemun-gu Seoul as of October 3, 1978, and around 06:30 of the above detention center around 06:30 of the above detention center around 24: (a) around 1978 to listen to several hundreds, such as Nonindicted D, E, and F, etc. who are detained in the above 24th erosion near the above 24th anniversary of the window, and the Defendant spreaded the facts by expressing that the Republic of Korea’s freedom is a self-financial threat.
2. Progress of this case
A. On March 12, 1979, the Busan District Court found the Defendant guilty of charges by applying paragraphs 7 and 1(a) of the Presidential Emergency Decree for the protection of national security and public order (hereinafter “Emergency Decree No. 9”) and sentenced the Defendant to imprisonment with prison labor for one year and suspension of qualification for one year (hereinafter “The Busan District Court Decision on Review”).
Although the defendant and the prosecutor appealed against the above judgment as Daegu High Court 79No332, the above appellate court rendered a judgment dismissing all the appeals filed by the defendant and the prosecutor on September 6, 1979, which became final and conclusive on September 14, 1979.
B. On October 17, 2013, the Defendant filed a petition for a retrial against a judgment subject to a retrial. On August 13, 2014, this court rendered a decision to commence a retrial, and the said decision became final and conclusive as the lapse of the period of an immediate appeal.
3. Determination
A. The Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980) of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter referred to as the “new Constitution”).