폭력행위등처벌에관한법률위반(집단·흉기등협박)
2015Do15734 Violation of the Punishment of Violences, etc. Act (Intimidation by collective groups, deadly weapons, etc.)
A
Defendant
Attorney N(N)
Suwon District Court Decision 2015No3734 Decided September 16, 2015
November 27, 2015
The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
Judgment ex officio is made.
The lower court upheld the first instance judgment that convicted the Defendant by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter “Assault Punishment Act”) and Article 283(1) of the Criminal Act as to each of the facts charged in the instant case.
However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality as to the part concerning "a person who commits a crime under Articles 260(1), 283(1), and 366 of the Criminal Act by carrying a deadly weapon or other dangerous object" in Article 3(1) of the Punishment of Violences Act applied by the court below (see, e.g., Supreme Court Decision 2014Hun-Ba154, 398, 2015Hun-Ba3, 9, 2015Hun-Ba14, 2015Hun-Ga18, 20, 255Hun-Ga18, 205 (Joint), and 205 (Joint) of the Criminal Act)" (see, e.g., Supreme Court Decision 2015Hun-Ba154, Sept. 24, 2015; Supreme Court Decision 2008Hun-Ga57, Sept. 25, 2012).
Justices Park Sang-ok
Justices Lee Sang-hoon
Justices Kim Chang-tae, Counsel for the defendant
Justices Cho Jong-hee