The judgment of the court below is reversed.

The defendant shall be innocent.

The following facts are acknowledged according to the records of the case.

The Defendant was indicted by the Presidential Emergency Decree No. 9 of May 13, 1975 (the Presidential Emergency Decree No. 9 of May 13, 1975 (hereinafter “Emergency Decree No. 9”) under the charge of the violation of the Presidential Emergency Decree No. 9 of the National Security and Public Order (hereinafter “Emergency Decree No. 9”). On June 2, 1976, the former Teachers’ and General Law Conference convicted the Defendant of all the facts charged against the Defendant, and sentenced the Defendant to one year and two years of suspension of qualification.

On June 29, 1977, the judgment of the court below was reversed and the defendant was sentenced to one year and one year of suspension of qualification against the defendant (hereinafter "the judgment subject to a retrial"), and the defendant's appeal was dismissed on October 10, 1979, and the judgment subject to a retrial became final and conclusive.

The Defendant was unconstitutional and the Emergency Decree No. 9, and the Defendant was detained in prison without a warrant of detention, and received an illegal confinement and received an investigation, and accordingly, the instant petition for retrial was filed on the ground that there was a ground for retrial in the instant judgment subject to a retrial. On April 3, 2014, the court rendered a decision to commence a retrial based on the judgment that there was a ground for retrial under Article 420 subparag. 5 of the Criminal Procedure Act and Article 47(3) of the Constitutional Court Act, and the decision to commence a retrial became final and conclusive as it is without legitimate

Summary of Grounds for Appeal

Defendant

The Defendant did not have any criminal intent to violate Emergency Decree 9, and the judgment of the court below is unconstitutional and invalid.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

The prosecutor appealed for the interest of the defendant.

Judgment

In a case where a new trial on the constitutionality of Emergency Decree No. 9 was commenced, the statutes to be applied to the crime are the laws at the time of new judgment.