The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The following facts are acknowledged according to the records of the decision subject to review and the decision to commence a retrial.

A. On October 19, 1976, the Defendant was indicted as 76 Gohap Branch Branch Branch of Chuncheon District Court on the grounds of the facts charged as stated in the Attachment, and the above court convicted the Defendant of the above facts charged on October 19, 1976, and issued pursuant to Article 53 of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of the Constitution of October 27, 1980; hereinafter “new Constitution”), “The Presidential Emergency Measure for the National Security and the Protection of Public Order (hereinafter “Emergency Measure”)” (hereinafter “Emergency Measure No. 9”), and sentenced one year of imprisonment and suspension of qualification by applying Articles 7 and 1(a) of the former Constitution of the Republic of Korea.

B. Accordingly, the Defendant and the Prosecutor appealed against each other. On February 4, 1977, the Seoul High Court reversed the judgment of the court below ex officio and sentenced the Defendant to one year of imprisonment and one year of suspension of qualification on the grounds that there was a violation of a violation of Acts and subordinate statutes which did not make a repeated offense even though the Defendant was guilty of a repeated offense, and thus, the Defendant was subject to aggravated punishment (hereinafter “subject to a judgment subject to a retrial”). On February 5, 197, the Defendant waived the appeal, and the judgment subject to a retrial became final and conclusive.

(c)

On November 1, 2017, the prosecutor's prior advice filed a request for a retrial for the benefit of the defendant in accordance with Article 424 (1) of the Criminal Procedure Act. On July 31, 2018, the court decided to commence a retrial on the ground that there was a reason for re-examination under Article 420 (5) of the Criminal Procedure Act in the judgment subject to a retrial.

The decision of the commencement of the above review was not filed within the appeal period and the decision of the commencement of the review became final and conclusive as it is.

2. Summary of reasons for appeal;

A. Defendant 1) The Defendant did not have committed a crime as stated in the instant facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2) The instant facts charged are guilty even if mental and physical weakness were to be found.