The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

1. The following facts are acknowledged according to the progress records of the instant case.

A. On August 23, 1978, in the case of Gwangju District Court 78 Gohap150, the punishment of imprisonment with prison labor for a short term of two years, a long term of three years, and suspension of qualifications for the Defendant for a crime of violation of the Presidential Emergency Decree for the protection of national safety and public order (hereinafter “Emergency Decree No. 9”) was imposed.

B. On December 29, 1978, the judgment of the court of Gwangju High Court 78No367, which the defendant and the prosecutor appealed, was reversed and sentenced to imprisonment for two years and suspension of qualification for the defendant (hereinafter “instant judgment subject to a retrial”), and the defendant appealed, but the judgment of dismissal of the appeal was pronounced on March 13, 1979.

C. On April 19, 201, Defendant B filed the instant petition for retrial, and accordingly, the decision on commencing a retrial rendered on September 26, 2013 by this court became final and conclusive as it is.

2. Summary of grounds for appeal;

A. (1) Although there are some exaggerated expressions on the economic policy, price enhancement, and literary policy and private teaching institutes indicated in the Declaration of De-university Democratic Students, Defendant (1) does not distort the facts, nor slander the emergency measures, since they are true expressions, they do not distort the facts.

(2) The lower court’s sentence imposed on the Defendant is too unreasonable.

B. The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable.

3. Before determining the grounds for appeal by the Defendant and the prosecutor ex officio, this paper examines ex officio whether the Emergency Measure No. 9 is unconstitutional.

Emergency Decree No. 9 issued on the basis of the Emergency Decree No. 53 of the United States Constitution is an infringement on the fundamental rights of the people guaranteed by the Constitution by excessively restricting the freedom and rights of the people beyond the limits for the purpose without satisfying the requirements for its issuance.