The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for three months.

1. Review of the progress records of the instant case reveals the following facts. A.

The Defendant was indicted on the charge of the violation of the Presidential Emergency Decree (Presidential Emergency Decree No. 9, May 13, 1975, hereinafter “Emergency Decree No. 9”) and the former Anti-Public Law (amended by Act No. 3318, Dec. 31, 1980; hereinafter “former Anti-Public Law”) for the purpose of national safety and the protection of public order. The Defendant was charged with the charges of violation of the former Anti-Public Law (amended by Act No. 3318, Dec. 31, 1980; hereinafter “former Anti-Public Law”). The above court found the Defendant guilty on October 28, 197, and sentenced the Defendant to four years of imprisonment and suspension of qualification for the Defendant by applying Article 4(1) of the former Anti-Public Law.

B. The Defendant and the Prosecutor appealed to the Seoul High Court 77No1932 on February 28, 1978, and the above court reversed the judgment of the court below on the grounds that the above sentence against the Defendant was too unreasonable, and sentenced to two years imprisonment and suspension of qualifications to the Defendant.

(hereinafter referred to as the "case subject to review") c.

The Defendant appealed against the judgment subject to a retrial and appealed to the Supreme Court 78Do814, but on May 23, 1978, the judgment subject to a retrial became final and conclusive upon the final judgment of dismissal of the Supreme Court.

On January 25, 2018, a prosecutor filed a petition for retrial with the following grounds: “The Emergency Measure No. 9 lost its effect in accordance with the Constitutional Court’s decision on the constitutionality of the Constitution, and the judgment subject to a retrial on which a conviction was rendered based on this, there are grounds for retrial prescribed in Article 47(4

On September 21, 2018, the court rendered a decision to commence a retrial on the whole of the judgment subject to a retrial on the grounds that: (a) a violation of Emergency Decree No. 9 among the judgment subject to a retrial, stipulated in Article 420 subparag. 5 of the Criminal Procedure Act, has a reason for the retrial; and (b) a violation of the above crime and the anti-public law, has been sentenced to a single sentence, and the said decision is subject to