Cases falling under the abolition of punishment due to the amendment and repeal of statutes after crime.

Where an act does not constitute a crime due to a revision of Acts after the crime is committed, it shall apply only when the punishment is repealed due to the repeal or repeal of Acts

Articles 1 and 326 of the Criminal Act

Defendant 1 and one other

Prosecutor

Jeonju District Court in the first instance

Each case is dismissed.

With respect to Defendant 2, twenty days of detention days prior to the pronouncement of the judgment of the party shall be included in the original sentence of the court below.

Criminal facts and past evidence against the defendant, etc. recognized by the principal source are the same as that of the original judgment at the time of the entry of the original judgment, and the facts of the judgment below in the process of the defendant, etc. are admitted as evidence.

From the perspective of law, since there was a change in the law after the crime was committed, it falls under Articles 88 and 85(1) of the former Criminal Act. According to the law at the time of judgment, Articles 8 and 2 of the National Security Act are nothing more than time law when comparing the seriousness of two times under Articles 1(1) of the Addenda of the Criminal Act and Article 50(1) of the Criminal Act. Thus, the application of the former Criminal Act under Articles 100 and 98(1) of the Criminal Act and the attempted crime of such acts constitutes a crime of life imprisonment of several crimes, and since Article 6 of the Addenda of the Criminal Act, Article 37 of the Criminal Act, Article 38(1)1 of the Criminal Act, Article 50 of the former Criminal Act and Article 50 of the Criminal Act do not apply to the crime of life imprisonment of a person before and after the enforcement of the Criminal Act, Article 50(1) of the former Criminal Act does not apply to the punishment of imprisonment for life of a person who was committed within the period of imprisonment of six years.

Defendant 1 of the facts charged

(1) On April 28, 4280, the fact that: (a) on the ground of Non-Party 1’s recommendation from the Chairperson of the Bedsend-gu University, Seodaemun-gu, Seoul on the south of the Republic of Korea on the date and on November 428, 4284, it continued to be re-established since it was organized for the purpose of national defense as incidental to the North Korean War, which was called for the government as a member of that party, by registering it in the Seogyeong-gu, Seoul on the date and on November 4284, 4284; and (b) incorporating it into the Pedend-do Party,

(2) On July 26, 4283, North Korea's mine groups were summoned to the Education Department of the People's Committee of Jeonnam-do on the short-term 26 July 26, 4283 for the purpose of supporting the group, and were appointed as Gwangju Dong-si middle school book for two months until September 28, 2009, and were voluntarily aided for the purpose of supporting the group's achievement by guiding its teachers and staff under the Ordinance of the Ministry of Education.

(3) When 9.28 water uniforms came into existence, the fact that, with the intention of supporting the mine groups up to the last time, Dong-dong, Gwangju Special Metropolitan City (North Korea from the country of the country) and Dong-do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Gu's Do's Do's 28's Do's Do's Do's 28's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do's Do'

(4) Since the short-term crime No. 4284.2 constitutes a group of crimes under the National Security Act No. 1400 after entering the Central School for about 6 months and education based on the Socialistism and the law No. 140 after the end of September of the same year, a prosecutor who was appointed as a teacher of Jae-gu Seoul Special School for Construction of the National Security Act for about 1 year by taking charge of Korean language and social life for about 210 students under the former Criminal Procedure Act (amended by Act No. 1450, Sep. 20, 199). According to the above Article 4 of the National Security Act, since the crime No. 1 was committed after the enactment of the Act No. 300, Jan. 1, 2006, the facts that the former Criminal Procedure Act No. 4100, Jan. 1, 2006) were not enacted by the Act No. 15, Oct. 14, 2004>

The case of the judgment below, which is the same place, is without merit, so it is dismissed by applying Article 364(2) of the Criminal Procedure Act, and again, by applying Article 57 of the Criminal Act, 20 days of detention prior to the judgment of the court of appeal to Defendant 2 shall be included in the case of the original sentence, and it is so decided as per Disposition.

Judges Yoon-chul (Presiding Judge) and Kim Dong-dong, and Hongnam