beta
(영문) 창원지방법원 진주지원 2016.10.13 2016재고합5

특수강도등

Text

A defendant shall be punished by imprisonment for four years.

One cuter (No. 1), one iron monat (No. 2), and one set.

Reasons

The progress of the case and the scope of the trial

1. Progress of this case

A. On May 10, 2013, with respect to a case subject to review, the lower court found the Defendant guilty of both the crime and special robbery, violation of Article 260(1) and Article 283(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Act”) as to the part (crime 4) in which the Defendant carried a knife, which is a dangerous object on January 4, 2013, and threatened the victim E with a knife, carrying a dangerous weapon on January 5, 2013, and threatened the victim R (crime 4). < Amended by Act No. 11371, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016; Act No. 11854, Feb. 1, 2013>

(hereinafter “The Judgment on Review”). Although the Defendant appealed and appealed, all of the appeals were dismissed, the judgment subject to review became final and conclusive on October 17, 2013.

B. On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on 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 former Act, and thereby, the said provision of the Act retroactively lost its effect pursuant to Article 47(3) of the Constitutional Court Act.

C. On June 1, 2016, the Defendant rendered a request for a retrial against the instant judgment subject to a retrial to the instant court. On August 12, 2016, the said court rendered the instant judgment subject to a retrial on the grounds that there were grounds for a retrial under Article 47(4) of the Constitutional Court Act in the instant judgment subject to a retrial, and thereafter, the instant judgment on commencing a retrial became final and conclusive.

2. One sentence which acknowledges the conviction of several concurrent crimes in the scope of the trial.