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대구고등법원 2014.01.23 2011재노5
대통령긴급조치제9호위반
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the instant judgment against the Defendants is publicly announced.

Reasons

1. Case progress

A. The following facts are acknowledged according to the final records of the judgment subject to a retrial.

(1) The Defendants were indicted under the charge of the violation of the Presidential Emergency Decree (Presidential Emergency Decree No. 9, May 13, 1975) for the protection of national security and public order (hereinafter “Emergency Decree No. 9”), and the said court convicted the Defendants of the charges of this case on February 26, 1979, and sentenced the Defendants three years of imprisonment and three years of suspension of qualification.

D. On July 5, 1979, the lower judgment was reversed, and the Defendants were sentenced to two years of imprisonment and suspension of qualifications for each of them.

(hereinafter “The Judgment on Review”). On July 28, 1979, Defendant A, C, and D renounced each appeal on July 30, 1979, the decision on review became final and conclusive.

B. On June 29, 2011, the Defendants filed the instant request for retrial. On October 31, 201, this Court rendered a decision to commence a retrial regarding the instant judgment subject to retrial (hereinafter “decision to commence a retrial of this case”) on the ground that the Emergency Measure No. 9 of the Emergency Decree was unconstitutional and invalid from the beginning on October 31, 2013, and thus, there were grounds for retrial under Article 420 subparag. 5 of the Criminal Procedure Act. The instant decision to commence a retrial became final and conclusive

2. The summary of the facts charged in the instant case is that Defendant A was dissatisfied with the G University literature and the fourth year of the college community department; Defendant B was in the fourth year of the G University’s philosophy and the fourth year; Defendant C was in the third year of the social education department of the G University; Defendant D was in the third year of the college of education department of the G University; and Defendant D was in the third year of the college department of the G University literature and the college library.

A. On November 1, 1978, the Defendants gathered in I restaurant located in Daegu North-gu H on November 13:00, and produced and distributed printed articles that slander and oppose the Constitution of the Republic of Korea.