beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged in this case is that the Defendant was a student who was enrolled in the law school of MUU and was sentenced to imprisonment for one year and six months, suspension of qualifications for violating the Presidential Emergency Decree No. 9 at the Seoul High Court on December 28, 1977, and the sentence was finalized on March 14, 1978, and on March 14, 1978, around 07:10 on March 1, 1978, 5, including the NN et al., who was enrolled above the three strings of the Seoul High Detention House in the Seoul Western-dong of Seodaemun-gu, Seoul and was living in the vicinity of the same sense to the extent that he could listen to the other visitors, including the N et al. who were enrolled in the same sense at the same time.
2. According to the records of this case, the court found the defendant guilty on October 26, 1978, and sentenced the defendant to imprisonment with prison labor for a violation of the Presidential Emergency Measure No. 9 (hereinafter “instant judgment subject to a retrial”) and one year of suspension of qualification for the waiver of the defendant’s right to appeal, which led to the waiver of the defendant’s right to appeal, the judgment subject to a retrial becomes final and conclusive on February 15, 1979.
3. Determination
A. As to the above facts charged, the instant judgment subject to a retrial by applicable provisions of the instant judgment subject to a retrial, prior to the amendment by the Constitution No. 9 of October 27, 1980, to the above facts charged.
I. The Constitution of the Republic of Korea is hereinafter referred to as the "Boman Constitution").
(1) The Presidential Emergency Measure for the Protection of National Security and Public Order (amended by the Presidential Emergency Measure No. 9 on May 13, 1975, which was enforced on December 7, 1979 by the Presidential Notice No. 67 on December 7, 1979; hereinafter “Emergency Measure No. 9”) issued on the basis of the Emergency Measure stipulated in Article 53.
(B) Paragraphs (7) and (1)(d) apply. B) In the case of Emergency Decree No. 9, which served as the basis for the instant judgment subject to a retrial, it is clear that the discussion on the new constitution itself is completely prohibited or it is aimed at suppressing the people’s resistance against the so-called physical system.