1. Act which was committed in the past according to the change of the legal ideology which was the basis of the enactment of penal statutes;

The evaluation has changed and recognized it as a crime, and the punishment itself has been unfair; or

section 1(2) of the Criminal Code is amended or amended in the reflective consideration that an excessive punishment has been imposed.

Pursuant to paragraph (1), new law shall be applied (Supreme Court Decision 2009Do12930 Decided March 11, 2010, Supreme Court Decision 2009Do12930, Supreme Court Decision 20

Seoul High Court Decision 2013Do4862, 2013 Jeondo101 decided July 11, 2013

2. A. According to the reasoning of the judgment below, the court below re-confiscing the victims habitually.

The former Punishment of Violences, etc. Act (Law No. 1, 6 January 2016), as to the facts charged that water was delivered.

Article 2(1) of the former Punishment of Violences Act (amended by Act No. 13718; hereinafter referred to as the "former Punishment of Violences Act").

It was found guilty by applying subparagraph 3, Article 350(1) of the Criminal Act and Article 350(1).

(b) The punishment of violence under Article 2 (1) of the former Punishment of Violences Act shall be punished by a crime under any of the following subparagraphs habitually:

Article 350 (Concurrence) of the Criminal Act provides that sight shall be punished in accordance with the following classification:

A person who commits a crime was punished by imprisonment for a limited term of at least three years, but January 2016.

6. Article 2 (1) of the Punishment of Violences, etc. Act amended and enforced by Act No. 13718 is the number of provisions of Article 2 (1).

Now, there was no transitional provision separately.

As such, the punishment of an aggravated act of violence under the Criminal Code

The purpose of deletion of Article 2 (1) of the Act is to eliminate the act of violence as a mark of the aggravated constituent elements.

Considering the general risk of the individual crime, the details of the individual crime and the specific form of action;

Although the degree of infringement of legal interests is very diverse, the previous penal rules that uniformly punish them.

Since it should be viewed as an anti-sexual measure from the point of view that it is unfair, this should be the Criminal Procedure Act.

326 subparagraph 4 of Article 326 is applicable to "when a sentence is repealed due to the repeal of the law after the crime is committed."

Thus, it is found guilty by applying the former Punishment of Violences Act to the facts charged of this case

However, the judgment of the court below no longer can no longer be maintained.

3. Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed and the case is remanded.

The case shall be remanded to the court below for a trial and determination. The opinion of all participating Justices' assent

(2) It is so decided as per Disposition.

Yong-deok

Justices Kim In-young

Justices Lee Dong-won