Non-Obstruction, obstruction of Performance of Official Duties

Of the facts charged in the instant case, the lower court found the Defendant guilty by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act with regard to intimidation to carry dangerous articles on or around April 29, 2015 (hereinafter “The Punishment of Violences Act”). However, on September 24, 2015, the Constitutional Court rendered a decision that “the part concerning a person who committed a crime under Article 283(1) (Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous articles under Article 3(1) of the Punishment of Violences Act (hereinafter “instant provision”) shall be unconstitutional.”

If so, the provision of this case is unconstitutional, pursuant to Article 47 (3) of the Constitutional Court Act.

The judgment of the court below that found the defendant guilty of the facts charged in this Section becomes unable to be maintained as it is, because the violation of the Punishment of Violences Act is retroactively null and void, and the remaining part of the judgment below that found the defendant guilty should be sentenced to one punishment due to concurrent crimes under the former part of Article 37 of the Criminal Act. Accordingly, the judgment of the court below should be reversed without examining the remaining grounds of appeal, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-deok

Chief Justice Park Jong-young

Justices Kim Jae-han