The defendant shall be innocent.

1. The summary of the facts charged in this part of the facts charged is about the defendant's departure from E, F, G, and other Japanese forces around November 22, 1976 at the transfer center of the C hotel operated by the defendant at around 14:00 on November 22, 1976

There should be no circumstances. It would be said that how much of our independence groups were bleeped, and that it was flicking and spreading the words of will by saying "I have ever been flicked."

2. Review of the progress records of the case reveals the following facts.

A. The Defendant was indicted for a violation of the Presidential Emergency Measure No. 9 by the Seoul Criminal Court 77 Gohap73.

On December 23, 197, the Defendant was sentenced to a judgment of conviction for five years of suspension of execution and suspension of qualification for three years of imprisonment, based on Articles 7 and 1(a) of the Presidential Emergency Measure No. 9 (hereinafter “Emergency Measure No. 9”) for the protection of national security and public order (hereinafter “Emergency Measure No. 9”).

B. The prosecutor appealed against this and appealed by Seoul High Court 78No. 179, but on March 30, 1978, was sentenced to a dismissal of appeal, and the above judgment became final and conclusive on April 7, 1978.

(c)

Since the Emergency Measure No. 9 on December 13, 2017 is null and void, a prosecutor has a reason for review prescribed in Article 420 subparag. 5 of the Criminal Procedure Act in a judgment subject to a retrial, which declared a conviction on the ground of such invalidation.

In accordance with Article 424 (1) of the Criminal Procedure Act, a petition for a retrial was filed.

On January 11, 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 confirmed as it is.

3. Determination

A. In the event of a serious crisis that is unable to cope with the means of exercising power in accordance with the constitutional order at the time of the unconstitutionality of Emergency Decree No. 9, the president’s decision on the national emergency power which is exercised to ensure the existence of the nation should be respected. However, this state’s emergency power should be respected.