The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

A. On November 26, 2014, the lower court convicted the Defendant of all the criminal facts, such as a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) against the Defendant, and sentenced the Defendant to four years and six months, and appealed by the Defendant.

B. On January 28, 2015, the appellate court reversed the judgment of the court below and maintained the judgment of conviction as to the Defendant’s assertion of mistake, and sentenced the Defendant to three years of imprisonment (the judgment subject to a retrial).

Although the defendant was the defendant, the Supreme Court dismissed the appeal on April 9, 2015, which became final and conclusive.

(d)

On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on Article 3(1) of the Punishment of Violences, etc. Act regarding “a person who commits a crime under Article 260(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles.”

E. On November 5, 2015, the Defendant filed a request for a retrial against a judgment subject to a retrial, and this court rendered a decision to commence a retrial on the grounds that the decision was unconstitutional.

2. In the hearing scope of this court, the recognition of the crime of retrial cannot be reversed by re-examination on the part of the facts constituting a crime without any reason for retrial. However, in case where it is recognized that there are reasons for request for retrial only for some of the facts constituting a concurrent crime in an indivisible final and conclusive judgment convicting one of the facts constituting a concurrent crime, the decision to commence retrial has to be made on the whole of the judgment, since one sentence is imposed formally. However, inasmuch as the effect of the decision to commence retrial as to facts constituting a crime for which there are no reason for retrial in the nature of the system of retrial, which is an emergency remedy, is to include the part in the trial formally, the new trial court cannot reverse the conviction by re-examination on that part, and it cannot reverse the