폭력행위등처벌에관한법률위반(집단·흉기등폭행[일부인정된죄명:폭력행위등처벌에관한법률위반(집단·흉기등상해),특수폭행]
2016Do1032 Violation of the Punishment of Violences, etc. Act (the act of assaulting groups, deadly weapons, etc.)
name of a crime which has been recognized: Violation of the Punishment of Violences, etc. Act (collection)
Provided, That the injury of deadly weapons, etc., special violence]
A
Defendant
Attorney R (Korean National Assembly)
Suwon District Court Decision 2015No3165 Decided December 24, 2015
April 29, 2016
The judgment of the court below is reversed, and the case is remanded to Suwon District Court.
Judgment ex officio is made.
Of the facts charged in the instant case, the lower court held the victim F with an empty disease, which is a dangerous thing for the Defendant.
Act on the Punishment of Violences, etc. (Law No. 6 January 6, 2016)
Articles 3(1) and 2 of the former Punishment of Violences Act (amended by Act No. 13718; hereinafter referred to as the "former Punishment of Violences Act").
Paragraph 1(3) and Article 257(1) of the Criminal Act were applied.
However, an act of violence, which was amended and enforced by Act No. 13718, Jan. 1, 2016, after the judgment of the court below was rendered.
Article 3 (1) of the Punishment Act shall be deleted, and the amendment by Act No. 13719 on the same day shall be made.
· Article 258-2 (Special Injury) is newly established in the Criminal Code in force, and the term "organization or multiple persons" in paragraph 1.
When a person commits the crime of Article 257 (1) or (2) by threat of force or carrying a dangerous weapon.
The term "a person who is punished by imprisonment with prison labor for not less than one year but not more than ten years" was stipulated as follows.
This amendment of the law is a punishment by a change of the law after a crime defined in Paragraph 2 of Article 1 of the Criminal Act.
Since this case falls under the case where it is less than this old law, this case constitutes the criminal law of the new corporation in accordance with the above provisions of the criminal law.
Article 258-2(1) shall apply (see, e.g., Supreme Court Decision 2015Do17907, Jan. 28, 2016).
Article 3(1) of the former Punishment of Violences, etc. Act applies otherwise.
The decision no longer can no longer be maintained.
Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed, and the case is remanded again.
The case shall be remanded to the court below for a determination, and the opinion shall be raised by the assent of all participating Justices.
this decision is delivered with the assent of all Justices.
Justices Kim In-bok
Justices Park Jae-hee in charge
Justices Park Young-young
Justices Kim Jong-il