1. Of the judgment of the court of first instance, the part against the defendant against the plaintiff A, B, C, D, E, I, J, K, L, M, and N shall be revoked and that part shall be revoked.

1. Basic facts

A. Plaintiff A and networkO (hereinafter collectively referred to as “Plaintiff A, etc.”) related to emergency measures are arrested, detained, and tried in April 1974 by Plaintiff A, while serving in April 1974, the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of October 27, 1980; hereinafter “former Constitution”).

) Emergency measures (hereinafter referred to as “emergency measures”) issued pursuant to Article 53 for the national security and the protection of public order.

At the time of arrest on the charge of violation of subparagraphs 1 and 4, the violation was that "the plaintiff produced and distributed a printed article that slanders the new constitution and the presidential emergency measures from the end of March 1974."

Since then, the plaintiff A was detained without a warrant issued by a judge on April 20, 1974, and was transferred to a military prosecutor and was under investigation.

8.8. A disposition of suspension of indictment was released.

2) On December 8, 1976, the Plaintiff, etc. was arrested on the charge of violation of Emergency Decree No. 9 on December 8, 1976, and at the time, the act of violation was “The Plaintiff, etc. distributed “The Democratic Gu Declaration” with the content of the abolition of the New Constitution, the revocation of emergency measures, the release of detained persons, the press, and the freedom of private teaching institutes at the Seoul National University on December 8, 1976. The judicial police officer belonging to the Seoul Southern Police Station, who was in charge of the investigation at the time, detained the Plaintiff, etc. on the 18th day of the same month without a warrant issued by the judge. 3) Thereafter, the Plaintiff, etc. was indicted for violation of Emergency Decree No. 9, and the first instance court (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Court)

4) Accordingly, the appellate court (Seoul High Court 77No114) appealed with the Plaintiff, etc. on October 14, 1977 sentenced the Plaintiff, etc. to two years and six months of imprisonment and two years and six months of suspension of qualifications. In other words, the appeal by the Plaintiff, etc. was filed by the lower court (Supreme Court 77Do301, Jan. 24, 1978) but the appellate court dismissed the appeal by the Plaintiff, etc. on January 24, 1978.