Violation of the Act on the Punishment of Forced Acts, Etc. (Recognition of Intimidation)

Name of the crime: Violation of the Punishment of Violence, etc. Act.

(Destruction, Destruction, etc. of Property Registered in Group or Deadly Weapons): Special property damage;

Promotion of Information and Communications Network Violation

2) Judgment

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 Act is amended or amended in the reflective consideration that punishment is excessive.

Pursuant to the foregoing, new law shall apply (Supreme Court Decisions 2009Do12930 Decided March 11, 2010; 2009Do12930 Decided March 11, 201

See Supreme Court Decision 2013Do4862, 2013 Decided July 11, 2013

2. According to the reasoning of the judgment below, the court below suspended dangerous articles among the facts charged in this case.

The Punishment of Violences, etc. Act regarding the act of inflicting bodily injury on the victim

The former Punishment of Violences Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter referred to as "former Punishment of Violences Act")

In applying Articles 3(1) and 2(1)3 of this Act, Article 257(1) of the Criminal Act, the judgment of conviction shall be rendered.

had been.

3. "Organization or group or group by force or by force under Article 3 (1) of the former Punishment of Violences Act".

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 to such person:

section 257 of the Criminal Act provides that “A person shall be punished in accordance with the following classification:

Paragraph (1) and Article 257 (2) of the Criminal Act shall be punished by imprisonment for a definite term of not less than three years.

Provided, however, the punishment of violence, etc., which was amended and enforced by Act No. 13718 on January 6, 2016

Article 3(1) of the Act on the Law of the Republic of Korea is deleted, and the Criminal Code amended and enforced by Act No. 13719 on the same day.

Article 258-2 (Special Bodily Injury) is newly established and "a threat of collective or multiple force" in paragraph (1) shall show the power of collective or multiple persons.

When a person commits a crime under Article 257 (1) or (2) by carrying any dangerous or dangerous goods, he/she shall be subject to one year.

It stipulated that "A person shall be punished by imprisonment with prison labor for not more than ten years."

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

Article 258-2(1) of the Criminal Act, instead of deleting Article 3(1) of the Punishment Act, means the above elements of a crime.

Newly inserted that the statutory penalty is lower than that of Article 3(1) of the former Punishment of Violences Act, the above provision is applicable.

Even if general risk of elements of heavy constituent elements is considered, the commission of an individual crime

The above, even though the specific form of conduct and the degree of infringement of legal interest are very diverse, it is not less than 3 years uniformly.

any violation of the previous penal provisions of which punishment shall be aggravated by imprisonment for a limited term;

Since it should be viewed as an appropriate measure, it is by a change of law after a crime under Article 1 (2) of the Criminal Code.

Punishment is more severe than that of the former Act (Supreme Court Decision 2015Do17907 Decided January 28, 2016).

§ 6).

Thus, among the facts charged of this case, the defendant's personal injury is inflicted on the victim.

In accordance with Article 1(2) of the Criminal Act, the provisions of the former Punishment of Violences Act shall apply to the act committed.

Since it is not possible to punish an aggravated punishment, it can only be punished under Article 258-2 (1) of the Criminal Code, a new corporation.

The judgment of the court below that applied the provisions of the former Punishment of Violences Act is no longer possible.

Meanwhile, the court below held that the above part of the facts charged and the remainder of the facts charged against the defendant are prior to Article 37.

Since a single sentence was imposed on the ground that the group's concurrent crimes are in the relationship, only the above part of the facts charged.

In addition, the remainder of the facts charged should be reversed together.

4. Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed, and the case is remanded.

The case is remanded to the court below for a retrial and determination. It is so decided as per Disposition by the assent of all participating Justices.

shall be determined as above.

Justices Kim Jae-tae

Chief Justice Cho Jae-hee

Justices Park Sang-ok