The lower court convicted the Defendant by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act with regard to the act of assaulting by carrying dangerous articles among the facts charged of the instant case.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part of Article 3(1) of the Punishment of Violences, etc. Act regarding "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 articles with him/her [the Constitutional Court Decision 2014Hun-Ba154, 398, 2015Hun-Ba3, 9, 2015Hun-Ga14, 2015, 2015Hun-Ga18, 200, 205Hun-Ga14, 200, and 25(combined)] of the Act on Punishment of Violences, etc. applied by the court below (the Constitutional Court Decision 2014Hun-Ba154, 398 (Joint), 2015, 205Hun-Ga14, and 25 (Joint)].

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case prosecuted by applying the pertinent provision is not a crime, and thus, the judgment of the court below convicting this part of the facts charged cannot be maintained any more.

Therefore, the part concerning the violation of the Punishment of Violences, etc. Act among the judgment below shall be reversed. The court below rendered a single sentence by deeming the remaining criminal facts to be concurrent crimes under the former part of Article 37 of the Criminal Act. Accordingly, the judgment below shall be reversed in its entirety.

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.