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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in this case is that the Defendant was a person who was in the chemical and second grade of the G University at the natural science university and the second grade. On June 12, 1978, the Defendant asserted the abolition of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter referred to as the “new Constitution”) and publicly slandered the Presidential Emergency Decree for the purpose of national security and protection of public order (hereinafter referred to as “Emergency Decree No. 9”), and was aware of such demonstration, the Defendant, along with other students from around 12:0 to 15:00 on June 12, 1978, was aware that he was in the process of public action against the National University at the G University at the seat of the G University at the G University, etc., and, at the same time, claimed that “the removal of emergency measures”, “the removal of the students’ release” from the front of the G University at the G University Library,” “the removal of the North Korea’s Constitution.”
2. Progress of this case
A. On December 16, 1978, by applying Article 9(7), (1)(b), (c), and (d) of Emergency Decree No. 978, the Seoul District Court found the Defendant guilty of all the charges and sentenced the Defendant to ten months of imprisonment and suspension of qualification for one year.
(2) On April 13, 1979, the Defendant and the Prosecutor appealed respectively, but the above appeal was dismissed in Seoul High Court Decision 79No181, 445 (Joint) Decided April 13, 1979, and the instant judgment subject to a retrial became final and conclusive on April 13, 1979 upon waiver of the right to appeal.
B. On July 23, 2013, the Defendant filed a motion for a new trial regarding the instant judgment subject to a new trial. On July 30, 2013, this Court rendered a decision to commence a new trial, and the said decision became final and conclusive upon the lapse of the period of the immediate appeal.
3. Determination
A. The instant judgment subject to a retrial is rendered.