The judgment below

The part against the Defendants is reversed in entirety.

Defendants are not guilty.

According to the records of this case, the following facts can be acknowledged.

The Defendants and F, who were sentenced to the judgment of the court below, were indicted on the charges of violating the National Security Act, etc. under the Seoul District Criminal Court 75Gohap1047, and the above court convicted the Defendants and F of all the charges on May 14, 1976, and sentenced the death penalty to F, to life imprisonment for Defendant A, to life imprisonment for Defendant B, to 10 years, and to suspension of qualifications for Defendant B, and to 5 years and suspension of qualifications for Defendant C, respectively.

As the Defendants and F appealed against the judgment of the court below and the Prosecutor appealed against Defendant B and Defendant C, the appellate court was proceeding as Seoul High Court 76No1395. The appellate court dismissed the F’s appeal on September 14, 1976, however, accepted the Defendants’ assertion of unfair sentencing among the grounds for each appeal, and reversed the part of the judgment below, and sentenced the Defendants A to 10 years of imprisonment and suspension of qualifications, 5 years of imprisonment and suspension of qualifications, 5 years of suspension of qualifications, 2 years of imprisonment and suspension of qualifications, and 2 years of qualification against Defendant C, respectively.

(2) On December 28, 1976, the Supreme Court dismissed the final appeal and became final and conclusive on December 28, 1976.

On December 8, 1979, the Presidential Emergency Decree No. 67 on December 8, 1979 for the protection of national security and public order (hereinafter “Emergency Decree No. 9”) was released, and the prosecutor requested correction of the sentence against Defendant A and Defendant B.

Accordingly, the Seoul High Court held on January 5, 1980 that the defendant A violated the National Security Act, violated the anti-public law, and the punishment of a espionage as the defendant A's crime of violation of the National Security Act, the crime of violation of the anti-public law, the crime of espionage, the crime of violation of the National Security Act against the defendant B, the crime of violation of anti-public law, and the crime of espionage.