A defendant shall be punished by imprisonment for one month and suspension of qualifications for a year.

However, the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

I. The progress and scope of the instant case

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

A. The Defendant was indicted on the charge of violating Articles 7 and 7 of the Presidential Emergency Decree (Presidential Emergency Decree No. 9 of May 13, 1975) for the protection of national security and public order (hereinafter “Emergency Decree No. 9”) and Article 4(1) of the Anti-Public Law (hereinafter “Emergency Decree No. 9”). The Defendant was indicted on the charge of violation of Article 4(1) and (1) of the Busan District Court Msan Branch 76 high-level 33 on June 15, 1976. The above court found the Defendant guilty of all the charges against the Defendant and sentenced the Defendant two years of imprisonment and suspension of qualification.

B. The defendant and the prosecutor appealed against the above judgment, but the appeal was dismissed on December 13, 1976 (Seoul High Court 76No. 810), and the defendant was just the defendant, but the appeal was dismissed on February 22, 197 (Supreme Court 77Do65), and the judgment subject to a retrial became final and conclusive.

(c)

On December 26, 2017, Article 47(4) of the Constitutional Court Act and Article 420 subparag. 5 of the Criminal Procedure Act were invalidated by the Constitutional Court’s decision of unconstitutionality and the declaration of invalidation of the Supreme Court’s decision of invalidation. Thus, the prosecutor filed the instant petition for retrial on the ground that there are grounds for retrial stipulated in Article 47(4) of the Constitutional Court Act and Article

(d)

On March 21, 2018, the lower court determined that the instant judgment subject to a retrial was subject to a decision to commence a new trial, on the grounds that there exist grounds for a new trial as prescribed by Article 420 subparag. 5 of the Criminal Procedure Act with respect to the violation of Emergency Decree No. 9 among the judgment subject to a new trial on March 21, 2018, and that the fact of violation of Emergency Decree No. 9

After that, the decision to commence a new trial became final and conclusive.

2. In an indivisible final and conclusive judgment convicting several criminal facts which are in the relationship of concurrent crimes within the scope of judgment in this Court, where it is deemed that there exist grounds for request for retrial only for some of such criminal facts, the judgment with respect to which one sentence is pronounced formally.