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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in this case is that the Defendant worked as a chemical teacher in the E-high school located in Bupyeongcheon-si, D, and that, around 13:40 on October 29, 1975, at class of the 2nd and second grade class of the E-high school, 5 students were urged to undertake an organic manufacturing subject, and without any grounds, there will be a war in November 2, 199," and “Is a war in November 1,” and “Isk-si, although a poster was posted to the Southern-si, it would have returned to the immediate back of the National Assembly,” and the Defendant spreaded a will secret by distorted the facts.
2. Progress of this case
A. On March 12, 1976, the Incheon District Criminal Court found the Defendant guilty of violating the Presidential Emergency Decree No. 9 of 75 high 188 on March 12, 1976, and applied the former part of Article 7 of the Presidential Emergency Decree for the Protection of National Security and Public Order (hereinafter “Presidential Emergency Decree No. 9”), and sentenced the Defendant to the suspension of execution for 4 years and suspension of qualification for 2 years.
(hereinafter referred to as the "Decision on Review"). The defendant filed an appeal to the Seoul High Court, but the decision on review became final and conclusive after the defendant's appeal was dismissed on November 10, 197 from the case (Seoul High Court 76No686).
B. On May 27, 2013, the Defendant filed a motion for a new trial with respect to a judgment subject to a new trial. On July 31, 2013, this court rendered a decision to commence a new trial with respect to the judgment subject to a new trial, and the said decision became final and conclusive as it
3. Determination
A. Presidential Emergency Decree No. 9 issued based on the Emergency Decree stipulated in Article 53 of the former Constitution (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “former Constitution”) violates the fundamental rights of the people guaranteed by the Constitution by excessively restricting the freedom and rights of the people beyond the limits for the purpose of failing to meet the requirements for triggering the Emergency Decree.