The judgment of the court below is reversed.

The defendant shall be innocent.

The following facts are acknowledged according to the progress records of the instant case.

A. As indicated in the summary of the facts charged, the Defendant was indicted by the Seoul Criminal Court 78 High 641, as well as the Seoul Criminal Court. On December 7, 1978, the said court convicted the Defendant of the facts charged and sentenced the Defendant to one year and suspension of qualification by applying Articles 7 and 1(b) of the Presidential Emergency Measures for the Protection of National Security and Public Order (hereinafter “Emergency Measures No. 9”).

B. On May 23, 1979, the lower court accepted the Defendant’s unfair argument of sentencing on the grounds that the Defendant and the Prosecutor appealed to the Seoul High Court 79No. 76 on the grounds that the sentencing was unfair, and reversed the lower judgment, and subsequently, convicted the Defendant of the foregoing facts charged and sentenced the Defendant for a suspended sentence of three years and suspension of qualification for one year (hereinafter “subject to a judgment for retrial”) by applying Articles 9 subparag. 7 and 1(b) of the Emergency Decree, and thereby, sentenced the Defendant to a suspended sentence of three years and suspension of qualification for one year (hereinafter “subject to

(c)

On November 22, 2017, a prosecutor filed a request for a retrial, and this court rendered a decision to commence a retrial on March 14, 2018 on the grounds that there are grounds for a retrial under Article 420 subparag. 5 of the Criminal Procedure Act in the judgment subject to a retrial, and the decision to commence the retrial became final and conclusive as it is.

The grounds for appeal by authority shall be examined ex officio prior to the judgment.

Before wholly amending the Constitution of the Republic of Korea (No. 9 of October 27, 1980) (wholly amended by the Constitution of the Republic of Korea No. 9 of October 27, 1980)

The Emergency Measure No. 9 issued pursuant to Article 53 of the Act on the Protection, etc. of Personal Information and Communications Network Utilization and Information Protection (hereinafter “Personal Information and Communications Network Utilization and Information Protection Act”) violates the fundamental rights of the people guaranteed by the Constitution by exceeding the bounds of the purpose without satisfying the requirements, and by excessively restricting the freedom and rights of the people. Thus, even before Emergency Measure No. 9 was cancelled or invalidated, it is unconstitutional and invalid as it is in violation of the Act on the Protection, etc. of Personal Information and Communications Network Utilization and Information Protection and Information Protection,