The defendant shall be innocent.

1. The summary of the facts charged was as follows: (a) the Defendant was in school C and the third grade of the Seoul National University; (b) from September 16, 1978 to October 9, 1978, met with E, etc. in the residence of the Defendant of Yeongdeungpo-gu Seoul National University from September 16, 1978, and conspired to produce and distribute printed materials that slander the Seoul National University, etc. to take emergency measures and conduct demonstration on October 12, 1978; and (c) around December 26, 1978, the Defendant was engaged in relief activities, such as “the removal of emergency measures”, including F, etc., which are able to be taken in the Yeongdeungpo-si National University as a result of a violation of emergency measures due to the above acts, and was engaged in relief activities, such as “the removal of emergency measures.”

2. Determination of the original judgment and decision to commence a retrial

A. On February 24, 1979, the Yeongdeungpo Branch of the Seoul District Court found the Defendant guilty of the facts charged in the instant case and sentenced the Defendant to one year of imprisonment and one year of suspension of qualification for the purpose of national security and public order protection by applying Articles 7, 1 (b), 1 (c), and 2 of the Presidential Emergency Decree No. 9 (hereinafter “Emergency Decree No. 9”) (hereinafter “Emergency Decree No. 9”) (hereinafter “the judgment subject to a retrial”) (hereinafter “the judgment subject to a retrial”)). After that, the Seoul High Court, which was the appellate court, dismissed both the prosecutor and the Defendant’s appeal on June 15, 1979, and the judgment subject to a retrial became final and conclusive (Seoul High Court 79No458). On October 20, 2017, the Prosecutor rendered a criminal judgment subject to a retrial on the grounds that the judgment subject to a retrial was unconstitutional and void pursuant to Article 14(1)4(2) of the Act.

On February 26, 2018, there are grounds for retrial under Article 420 subparag. 5 of the Criminal Procedure Act in a judgment subject to a retrial.

On the other hand, the decision to commence the review was made and the decision to commence the review became final and conclusive.

3. Before the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of October 27, 1980) was amended on the basis of the Constitution of the Republic of Korea;

(1) The emergency measure provided for in Article 53 of the Constitution of the Republic of Korea (hereinafter referred to as “former Constitution”).