The defendant shall be innocent.

1. According to the summary of the facts charged and the records of the instant case, the following facts are recognized.

A. The summary of the facts charged of this case was around 19:30 on June 26, 1978 and around 19:30 on the street near the emulgion distance in Jongno-gu Seoul, Jongno-gu, Seoul, with approximately 200 students, etc. of L University. On the other hand, the Defendant was engaged in an unlawful demonstration and at the same time engaged in political activity by creating the emulgical emulgal hullar and proceeding about 20 meters in the direction of the same Gu newspaper.

B. In a case where the Seoul District Criminal Court rendered a judgment of conviction against the defendant and rendered a final judgment of conviction on November 27, 1978, the judgment subject to a retrial became final and conclusive upon the withdrawal of the defendant's appeal on December 7, 1978, by recognizing the guilty guilty of the above charges, and sentencing a maximum of one year and six months of imprisonment, a short of one year and a suspension of qualification for the defendant (hereinafter referred to as "the judgment subject to a retrial"), and the judgment subject to a retrial was finally binding upon the withdrawal of the defendant'

C. In a specific judgment subject to a retrial, which applied to the Defendant’s act, based on the Emergency Measure stipulated in Article 53 of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “former Constitution”), the Presidential Emergency Decree for the Protection of National Security and Public Order (amended by Presidential Emergency Measure No. 9 of May 13, 1975; hereinafter “Emergency Measure No. 67 of December 7, 1979”) was applied to the facts charged in the instant case, and the specific contents are as follows.

(1) No person shall engage in the following activities:

(c) Any person who has obtained the prior permission of the principal of a class, research or school conducted under the guidance and supervision of the school authority, or who has violated a student’s assembly, demonstration or political participation except for other exceptional non-political activities.

In such cases, not more than ten years.