The judgment of the court below is reversed.

The defendant shall be innocent.

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

A. The Defendant was prosecuted for violating the Presidential Emergency Decree No. 9 of the Emergency Decree (hereinafter “Emergency Decree No. 9”) on April 15, 1976 (hereinafter “instant charges”). The Chuncheon District Court found him/her guilty on November 14, 1975 and sentenced him/her to one year and six months of imprisonment and one year and six months of suspension of qualification (hereinafter “the lower judgment”) by applying the Emergency Decree No. 9. (b) The Defendant and the prosecutor appealed against the lower judgment. The Seoul High Court, the appellate court, reversed the lower judgment on April 15, 1976 on the grounds of unfair sentencing, and sentenced him/her to one year and one year and suspension of qualification by applying the Emergency Decree No. 9 (Seoul High Court Decision 76No37 and hereinafter “instant judgment subject to a retrial”).

On April 21, 1976, the defendant filed a final appeal against the judgment subject to a retrial, and withdrawn a final appeal, and the judgment subject to a retrial became final and conclusive as it is.

(d)

On October 31, 2017, a prosecutor filed a request for a retrial on which this Court rendered a decision to commence a retrial on April 4, 2018 on the grounds that there are grounds for a retrial under Article 420 subparag. 5 of the Criminal Procedure Act in the judgment subject to a retrial, and the said decision became final and conclusive as it is.

2. Summary of reasons for appeal;

A. Defendant 1) The Defendant was physically and mentally handicapped at the time of the instant case.

2) The sentence of the lower court (one year and six months of imprisonment and one year and six months of suspension of qualifications) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence of the lower court is too unhued and unreasonable.

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A. The former Constitution of the Republic of Korea (wholly amended on October 27, 1980 by the Constitution No. 9 of the Republic of Korea prior to the amendment of the Emergency Decree No. 9 on October 27, 1980)

c. Emergency measures issued on the basis of the Emergency Measure stipulated in Article 53 of the New Constitution (hereinafter referred to as the “New Constitution”).