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

(c) Interference with business;

Of the facts charged in the instant case, 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, Article 283(1) of the Criminal Act, and Article 260(1) of the Criminal Act with regard to intimidation to carry dangerous articles and assault to carry dangerous articles among the facts charged in the instant case.

However, the Constitutional Court rendered a decision of unconstitutionality as to the part concerning "a person who commits a crime under Articles 260 (1) and 283 (1) (Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles (see, e.g., Supreme Court Order 2014HunBa154, Sept. 24, 2015) applied by the court below after the judgment of the court below was rendered (see, e.g., Supreme Court Order 2014HunBa154, Sept. 24, 2015). The above provision of the Act retroactively loses its effect pursuant to the main sentence of Article 47 (3) of the Constitutional Court Act. due to the

The judgment of the court below which found the Defendant guilty of this part of the facts charged was no longer maintained, since the Defendant’s case charged by applying the pertinent statutory provision was not a crime. Thus, the part on the violation of the Punishment of Violences Act (a group, deadly weapon, etc., violence, group, deadly weapon, etc.) among the judgment of the court below should be reversed. Since the above part and the remainder are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be reversed in its entirety.

Therefore, without further proceeding to decide on the grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee In-bok, Counsel for the appeal

Justices Go Young-young

Justices Lee Dong-won