The defendant shall be innocent.

The facts charged against the defendant are as shown in the attached indictment.

2. Case progress

A. On June 12, 1973, the prosecutor indicted the Defendant on charges of inciting for insurrection and violation of public law by applying Articles 90(2) and 87 of the Criminal Act and Article 4(1) of the Antipublic Act to the attached facts charged.

The instant indictment and the judgment subject to a retrial include the Defendant’s violation of the National Security Act in addition to the conspiracy of insurrection and the violation of public law.

However, both indictments and applicable provisions of the National Security Act to the defendant are not included in the crimes and applicable provisions of the judgment subject to a retrial, and the name of the crime against the defendant was stated in the appellate court and the judgment of final appeal only in violation of public law.

B. On November 1, 1973, the Seoul Criminal District Court rendered the instant judgment subject to a retrial, which found the Defendant guilty of both the charges against the Defendant and sentenced the Defendant to five years of imprisonment and suspension of qualification for five years.

C. The Prosecutor and the Defendant appealed on the instant judgment subject to a retrial, but the Seoul High Court dismissed both the Prosecutor and the Defendant’s appeal on February 22, 1974.

(Seoul High Court 73No1654). The defendant appealed, but the Supreme Court dismissed the above appeal on June 11, 1974.

(Supreme Court Decision 74Do1006). Ultimately, the instant judgment subject to a retrial became final and conclusive as it is.

On December 26, 2018, the Defendant filed a motion for a retrial on the instant judgment subject to a retrial.

On July 24, 2020, the court rendered a decision to commence a new trial on the ground that there were grounds for a new trial under Articles 420 subparag. 7 and 422 of the Criminal Procedure Act in the instant judgment subject to a new trial. The above decision to commence a new trial became final and conclusive around

3. The facts charged that found the Defendant and the defense counsel guilty in the judgment subject to a retrial on the instant judgment based on the Defendant’s assertion are as follows: (a) illegal arrest, confinement, and adviser of the Seoul Special Metropolitan City Security Office and the Central Information Department, as the first university security case after October 17, 1972.