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(영문) 서울중앙지방법원 2013.05.21 2013재고합8 (1)
대통령긴급조치제9호위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. According to the summary of the facts charged and the records of the instant case, the following facts are recognized:

A. On May 21, 1975, at around 21:30 on May 21, 1975, the Defendant received a proposal from E to “D” located in Jung-gu Seoul, Jung-gu, Seoul to the effect that “I will participate in the students’ organization opposing the new constitution, include students who will be distributed to the F University’s colleges of education, which will lead to the organization of students, and include one person by organizing the students’ organization, and will include two persons.” The Defendant conspired to assert the amendment and amendment of the Constitution as a means of student demonstration, and (2) around May 23:00 on May 28, 1975, the Defendant respondeded with the above E and Dong-gu, Seoul, Nowon-gu, Seoul Special Metropolitan City Nowon-gu, to get the use of the materials at the time of 31 May 31, 199,” and responded to the amendment and amendment of the Constitution.

B. The Seoul District Criminal Court rendered a judgment of conviction against the Defendant and rendered a final judgment of conviction on December 2, 1975, found the Defendant guilty on all the charges, and sentenced the Defendant to a suspended sentence of three years and suspension of qualification for one year and six months in one year and six months (hereinafter “instant judgment subject to a retrial”) and the said judgment became final and conclusive on December 10, 1975.

C. Specific contents of Emergency Measure No. 9, applied to Defendant’s act, and the judgment subject to a retrial, which was wholly amended by the Constitution of the Republic of Korea No. 9 on October 27, 1980, regarding the above facts charged.

I. The Constitution of the Republic of Korea is hereinafter referred to as the "Boman Constitution").

(1) Emergency Decree No. 9 is enacted on May 13, 1975 by the Presidential Emergency Decree No. 9, which was issued on the basis of the Emergency Measure stipulated in Article 53, for the protection of national security and public order (the Presidential Emergency Measure No. 9, which was rescinded by the Presidential Notice No. 67 on December 7, 1979); hereinafter “Emergency Measure No. 9”.

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