The judgment of the court below is reversed.

The defendant shall be innocent.

1. The following facts are acknowledged according to the records of the decision subject to review and the decision to commence a retrial.

A. On September 30, 1976, the Defendant was indicted for the first 76 high 51 Sincheon District Court in the charges stated in the separate sheet. On September 30, 1976, the said court found the Defendant guilty of the above charges, and sentenced the Defendant to one year by applying Articles 7 and 1(a) of the Presidential Emergency Measure for the National Security and the Protection of Public Order (hereinafter “Emergency Measure No. 9”).

B. The Defendant and the Prosecutor appealed. On January 20, 197, the Seoul High Court reversed the judgment of the court below on the grounds that the suspension of qualifications as provided in No. 9 subparag. 7 of Emergency Measures Act was not imposed concurrently, and rendered judgment of the court below ex officio, which found the Defendant guilty of the above charges, and sentenced the Defendant to one year of imprisonment and suspension of qualifications for one year by applying No. 9 subparag. 7 and No. 1(a) of Emergency Measures Act (hereinafter “the judgment subject to a retrial”). The said judgment subject to a retrial became final and conclusive, as it is,.

(c)

On November 2, 2017, the prosecutor filed a request for retrial on November 2, 2017, and on May 3, 2018, the Seoul High Court decided to commence retrial on May 3, 2018 on the ground that there was a reason for reexamination under Article 420, subparagraph 5 of the Criminal Procedure Act

The decision to commence the above review was finalized as it is, because there was no legitimate filing of appeal within the appeal period.

2. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts) has not committed the same crime as that stated in the facts charged.

B. The prosecutor (unfair sentencing) of the lower court’s sentence (one year of imprisonment) is too unhued and unreasonable.

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A. The former Constitution of the Republic of Korea (wholly amended on October 27, 1980 by the Constitution No. 9 of the Republic of Korea prior to the amendment of the Emergency Decree No. 9 of the Republic of Korea)

The Emergency Measure No. 9, which was issued on the basis of the Emergency Measure stipulated in Article 53 of the Act, (hereinafter referred to as “the New Constitution”), exceeded the limits of the people’s freedom and rights without satisfying the requirements.