1. The provision of Article 1(2) of the Criminal Act shall apply to the case where the evaluation of the past acts committed as a crime was changed due to the change of the legal ideology that served as the ground for the enactment of penal statutes, and the evaluation thereof was recognized and punished as a crime itself, or where the statute was amended or amended in light of the anti-discrimination that the excessive punishment was excessive (see Supreme Court Decisions 2003Do2770, Oct. 10, 203; 97Do2682, Dec. 9, 197, etc.). According to the reasoning of the judgment below, the court below convicted the Defendant of the act of habitually assaulting the victim E among the facts charged in the instant case by applying Article 2(1)1 and Article 2(1)6 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”).

(b) The person who habitually commits any of the following crimes shall be punished in accordance with Article 2(1) of the former Punishment of Violences Act:

“The provisions of subparagraph 1 of Article 260(1) of the Criminal Act provide that a person shall be punished by imprisonment with prison labor for not less than one year.

Meanwhile, Article 264 of the Criminal Code provides that a person who habitually commits a crime of violence under Article 260 (1) of the Criminal Code shall be subject to aggravated punishment by up to one half of the punishment specified in the above crime.

In this regard, Article 2(1) of the former Punishment of Violences Act was deleted according to the Act on Punishment of Violence, etc., which was amended by Act No. 13718, Jan. 6, 2016, after the judgment of the court below was rendered.

As such, Article 264 of the Criminal Act provides for the requirements of aggravated composition similar to Article 2(1) of the former Punishment of Violences Act, and stipulates the statutory penalty less than Article 2(1) of the former Punishment of Violences Act, the deletion of Article 2(1) of the former Punishment of Violence Act by revising the Act on Punishment of Violences, etc. is a general risk of indicating the above aggravated composition requirement.