특정범죄가중처벌등에관한법률위반(보복협박등)등
1. The part of the judgment of the first instance against the Defendants is reversed.
2. The Defendants shall be punished by imprisonment with prison labor for up to two years and six months.
1. Progress of litigation;
A. The first instance court found the Defendants guilty of all the facts charged in the instant case and sentenced the Defendants to three years of imprisonment, and the Defendants appealed against the first instance judgment.
B. Prior to the remand, the appellate court dismissed the Defendants’ appeal, and the Defendants appealed against this.
(c)
The Supreme Court found the Defendants guilty of all the charges, including this part of the facts charged, by applying Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter the same), Articles 3(1) and 3(1)1 of the Criminal Act, Articles 366, 31(1), and 30 of the Criminal Act, with respect to the violation of the Punishment of Violences, etc. Act (damage, etc. to a group of deadly weapons registered) against the Defendants among the facts charged in the instant case. The lower court upheld the first instance judgment.
On September 24, 2015, which was following the pronouncement of the lower judgment, the Constitutional Court rendered a decision of unconstitutionality as to “a person who committed a crime under Article 366 of the Criminal Act by carrying a deadly weapon or other dangerous articles” under Article 3(1) of the former Punishment of Violences, etc. Act applied by the lower court (see, e.g., Constitutional Court Decision 2014Hun-Ba154, Sept. 24, 2015). Accordingly, the said legal provision retroactively loses its effect pursuant to Article 47(3) of the Constitutional Court Act.
In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case prosecuted by applying the pertinent law does not constitute a crime. As such, the judgment of the court below convicting the Defendants of the violation of the Punishment of Violences, etc. Act (damage to a group deadly weapon) among the facts charged against the Defendants, the judgment of the court below that found the Defendants guilty of the violation of the Punishment of Violences, etc. Act (damage to a group deadly weapon) was no longer maintained, and the judgment of the
2. The first instance court’s summary of the grounds for appeal (unfair sentencing) is against the Defendants.