(b) Violation of the Punishment of Violences, etc. Act;

(Name of Recognized Crime: Special Violence)

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. Of the facts charged in the instant case, the lower court: (a) carried beer’s disease, which is a dangerous thing for the Defendant.

The former Punishment of Violences, etc. Act (amended by Act No. 1354, Jan. 1, 2016)

6. Article 3 of the former Punishment of Violences Act (amended by Act No. 13718; hereinafter referred to as the "former Punishment of Violences Act").

In applying Articles 1 and 2(1)3 of the Criminal Act and Article 257(1) of the Criminal Act, it was found guilty.

(b) Article 3 (1) of the former Punishment of Violences Act means an organization or group by force or by force;

A person who commits any of the crimes referred to in the subparagraphs of Article 2(1) by referring to the power of a group; or

A person who commits a crime by carrying a deadly weapon or other dangerous article shall be punished by the formula set forth in the subparagraphs of Article 2 (1).

A person who habitually commits any of the following crimes shall be punished in accordance with the Act, and Article 2 (1) of the Act shall apply:

Article 257(1) of the Criminal Act provides that "any person shall be punished in accordance with the following classification:

It stipulated that a person who commits a crime such as an injury shall be punished by imprisonment for a limited term of not less than three years.

Article 3 of the Punishment of Violences, etc. Act amended and enforced by Act No. 13718, Jan. 6, 2016

Article 258-2 in the Criminal Code amended and enforced by Act No. 13719 on the same day.

(Special Injury) A newly created and "a dangerous or visible threat of force of an organization or majority" in paragraph (1).

(1) When a person commits a crime under Article 257 (1) or (2) by carrying himself/herself, he/she shall be punished for not less than one year nor more than ten years.

The former provides that “A person shall be punished by the calendar.”

As such, the former Punishment of Violence defined the aggravated elements of Article 257(1) of the Criminal Act

In lieu of deletion of Article 3 (1) of the Punishment Act, a new provision of Article 258-2 (1) of the Criminal Act is established, and such statutory penalty is imposed.

The provision of Article 3(1) of the former Punishment of Violences is lower than that of Article 3(1) of the same Act.

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, it shall be uniformly aggravated by imprisonment for not less than three years.

It shall be deemed that the previous penal provisions are too excessive and that they are anti-sexual measures from the point of view.

Since this is a matter of course, it is more severe than the old law due to the change of the law after the crime under Article 1 (2) of the Criminal Code.

‘at the time'.

If so, the defendant carried a beer, which is a dangerous thing and inflicted an injury on the victim E.

In accordance with Article 1(2) of the Criminal Act, the above provision shall be aggravated by the provisions of the former Punishment of Violences Act.

Since it is not punishable but can be punished under Article 258-2 (1) of the Criminal Code as a new corporation, it can only be punished under the old violence.

The judgment of the court below that applied the provisions of the Act on the Punishment of Acts and Subordinate Statutes has become no longer able to maintain.

C. Meanwhile, the lower court held that the facts charged and the remaining facts charged constitute concurrent crimes under the former part of Article 37 of the Criminal Act.

Since a single sentence has been imposed in view of the relationship, the judgment of the court below must be reversed in its entirety.

3. Therefore, without examining the grounds of appeal, we reverse the judgment below and the case is remanded again.

Opinions of all participating Justices on the bench shall be remanded to the lower court for a trial and determination.

(2) It is so decided as per Disposition.

Justices Park Sang-hoon

Justices Kim Jae-tae

Justices Park Sang-ok