B. Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.)

Attorney M, L, N

Of the facts charged in the instant case, the lower court upheld the first instance judgment convicting the Defendant by applying Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014; hereinafter referred to as the “former Punishment of Violences Act”) and Article 283(1) of the Criminal Act.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part concerning "a person who commits a crime under Article 283 (1) of the Criminal Act by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles" (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015). Accordingly, the above provision of the law was retroactively invalidated pursuant to Article 47 (3) of the Constitutional Court Act. This provision of the law, which is deemed to have retroactively lost its effect due to the decision of unconstitutionality, has retroactively lost its effect.

The defendant's case which was prosecuted by applying the relevant provision of law constitutes a case which does not constitute a crime, and the judgment of the court below which found the guilty of this part of the facts charged was no longer maintained.

Therefore, the part of the judgment of the court below regarding the violation of the Punishment of Violences Act (a collective, deadly weapon, etc.) should be reversed. Since the remaining crimes that the court below found guilty and concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be reversed

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