(Bodily Injury resulting from Deadly Weapons, etc.)

(b) Injury;

The case shall be remanded to the Busan District Court Panel Panel Division.

The remaining appeals are dismissed.

(a) 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 Code is amended or amended in the reflective consideration that an excessive punishment has been imposed.

Pursuant to paragraph (1), new law shall be applied (Supreme Court Decision 2009Do12930 Decided March 11, 2010, Supreme Court Decision 2009Do12930, Supreme Court Decision 20

Seoul High Court Decision 2013Do4862, 2013 Jeondo101 decided July 11, 2013

B. (1) The lower court, out of the facts charged in the instant case, has carried the hives, which are dangerous articles by the Defendant.

An act of violence, etc. committed against the third act in the judgment of the court of first instance, which inflicted an injury on a perpetrator.

The former Punishment Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply)

Articles 3(1) and 2(1)3 of the Punishment Act, and Article 257(1) of the Criminal Act shall apply

The first instance judgment, which judged as a crime, was maintained.

(2) Article 3(1) of the former Punishment of Violences Act provides that “Any organization or group by force or by force or by force.”

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:

Article 257(1) of the Criminal Act provides that "any person shall be punished in accordance with the following classification:

It stipulated that a person who commits a crime such as an injury shall be punished by imprisonment for a limited term of not less than three years.

Article 3 of the Punishment of Violences, etc. Act amended and enforced by Act No. 13718 on January 6, 2016

Article 258-2 in the Criminal Code amended and enforced by Act No. 13719 on the same day.

(Special Injury) A newly created and "a dangerous or visible threat of force of an organization or majority" in paragraph (1).

(1) When a person commits a crime under Article 257 (1) or (2) by carrying himself/herself, he/she shall be punished for not less than one year nor more than ten years.

I stated that “A person shall be punished in calendar.”

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

In lieu of deletion of Article 3 (1) of the Punishment Act, a new provision of Article 258-2 (1) of the Criminal Act is established, and such statutory penalty is imposed.

The provision of Article 3(1) of the former Punishment of Violences is lower than that of Article 3(1) of the same Act.

Considering the general risk of the individual crime, the details of the individual crime and the specific form of action;

Although the degree of infringement of legal interests is very diverse, it shall be uniformly aggravated by imprisonment for not less than three years.

It shall be deemed that the previous penal provisions are too excessive and that they are anti-sexual measures from the point of view.

Since this is a matter of course, it is more severe than the old law due to the change of the law after the crime under Article 1 (2) of the Criminal Code.

‘at the time'.

Thus, among the facts charged of this case, the victim is a victim with hump, which is dangerous articles of the defendant

Provisions of the former Punishment of Violences Act, a corporation at the time of an act under Article 1(2) of the Criminal Act;

It can be punished under Article 258-2(1) of the Criminal Code that can not be punished by an aggravated punishment due to the circumstances.

Since the judgment of the court below on the premise that the provisions of the former Punishment of Violence Act apply is more than that of the judgment below.

Now it would be impossible to maintain it.

(3) Meanwhile, the court below held that the facts charged in this part of the facts charged and the facts charged in No. 2 of the judgment of the court of first instance

Since the first instance judgment that rendered a single sentence by deeming that the former concurrent crimes were in the relationship, the first instance judgment:

The whole part of the judgment of the court of first instance on the crime No. 2 and 3 of the judgment of the court of first instance shall be reversed.

2. As to the ground of appeal on the crime No. 1 of the judgment of the court of first instance

The assertion that the judgment below contains an incomplete hearing or misapprehension of legal principles on the grounds for sentencing.

However, according to Article 383 subparag. 4 of the Criminal Procedure Act, death penalty, life imprisonment, or imprisonment

only in a case on which imprisonment or imprisonment without prison labor for not less than 10 years was imposed, a final appeal on the grounds of unreasonable sentencing is granted.

As such, in this case where a fine is imposed on this part of the defendant's crime, the amount of punishment is determined.

The argument to the effect that it is improper is not a legitimate ground for appeal.

3. Conclusion

Therefore, without examining the remaining grounds of appeal, the judgment of the court of first instance is reversed.

To reverse the part concerning the crimes of 2 and 3, and to re-examine and determine this part of the case.

The remaining appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

It is so decided as per Disposition.

Justices Park Sang-hoon

Justices Kim Jae-tae

Justices Park Sang-ok