The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Punishment of the crime

1. On September 13, 1978, from around 15:10 to 15:25, Defendant A, at the bus stops of the head of Gwanak-gu Seoul Special Metropolitan City, 130 students of the Seoul Special Metropolitan City University toward the old-do area and went beyond the relief such as screen “Jrler”, he was aware that the said demonstration was an unlawful demonstration for which he did not obtain the principal’s permission, and that it was an demonstration claiming the abolition of the Constitution of the Republic of Korea.

2. Case progress

A. On February 24, 1979, the Defendant was sentenced to a suspended sentence of 2 years and suspension of qualification for October on the grounds of the Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Measure No. 9”) in the case of violation of the Presidential Emergency Decree for the National Security and Public Order and the Protection of Public Order (hereinafter “Emergency Measure No. 9”), which was sentenced to a suspended sentence of 2 years and suspension of qualification for 10 years (hereinafter “instant judgment subject to a retrial”) in the Seoul District Court Decision No. 78, 257, 78, 259, 79, 79, and 10

After that, the judgment subject to a retrial became final and conclusive on June 29, 1979.

B. On June 4, 2010, the Defendant died, and on October 24, 2013, the Defendant’s wife B filed a petition for a retrial on the instant judgment subject to a retrial with the instant court.

On June 23, 2014, this Court rendered a ruling of commencing a new trial, and the above ruling became final and conclusive as is.

3. Since the statutes applicable to criminal facts in a case where a new trial for a measure to be taken by the court is commenced where the repealed or invalidated punishment becomes null and void from the beginning of the original judgment, in principle, the statutes at the time of the judgment for new trial shall apply to the criminal facts where the statutes were modified at the time of the judgment for new trial, and where the statutes were repealed, the court shall render a judgment of acquittal by applying Article 326

However, the court is the Constitutional Court's law on punishment.