1. The judgment below is reversed.

2. The defendant is innocent;

1. According to the progress records of the case, the following facts are recognized.

A. The Defendant was indicted on the charge of violating the Presidential Emergency Measures (hereinafter “Emergency Measures”) No. 9, as indicated in the attached Form No. 9, Daegu District Court racing support 75Gohap63.

On December 30, 1975, the above court found the defendant guilty of charges against the defendant, and sentenced the defendant to a suspended sentence of two years and a suspended sentence of one year.

B. Although the prosecutor appealed against the above judgment as Daegu High Court 76No130, the above court rendered a judgment dismissing the prosecutor’s appeal on April 1, 1976 (hereinafter “the judgment subject to a retrial”), and the judgment subject to a retrial became final and conclusive around that time.

C. On March 14, 2014, the Defendant’s wife rendered the instant request for retrial. On October 31, 2014, this court rendered a decision to commence a retrial on the ground that there was a ground for retrial under Article 420 subparag. 5 of the Criminal Procedure Act in the judgment subject to retrial.

After that, there was no legitimate filing of an appeal within the filing period, and the decision on commencing the retrial became final and conclusive as it is.

As a new trial against an appeal can be conducted only on the grounds under Article 420 subparag. 1, 2, and 7 of the Criminal Procedure Act, in this case where the grounds for a new trial are asserted under Article 420 subparag. 5 of the same Act, the judgment to be the subject of a new trial shall be the judgment of the first instance, but as the decision to commence a new trial against the appellate court's judgment for which a new trial has been

2. The gist of the grounds for appeal is too unhued and unreasonable.

3. We examine ex officio prior to the judgment on the grounds for appeal in the form of a false judgment.

The statutes to be applied to criminal facts in the case of which a new trial has commenced are the statutes at the time of the judgment.

Therefore, Article 326 subparag. 4 of the Criminal Procedure Act applies to the criminal facts when the law at the time of the judgment subject to a retrial was amended.