1. As to the Defendant’s instant case, the lower court convicted the Defendant on the charge by applying Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter “former Punishment of Violence Punishment Act”), and Article 257(1) of the Criminal Act, with regard to the fact that the Defendant and the person who requested the attachment order (hereinafter “Defendant”) carried dangerous articles in the instant charges and inflicted an injury on the victim.

Article 3 (1) of the former Punishment of Violences Act provides that "Any person who commits any of the crimes listed in Article 2 (1) by force of an organization or group, or by showing a power under the pretending to an organization or group, or who commits any of the crimes by carrying a deadly weapon or other dangerous articles, shall be punished in accordance with any of the subparagraphs of Article 2 (1).

Article 2(1) provides that "A person who habitually commits any of the following offenses shall be punished in accordance with the following classifications:

“At the same time, Article 257(1)(Inflicting) of the Criminal Act provides that “A person shall be punished by imprisonment for a limited term of not less than three years.”

Article 3(1) of the Punishment of Violence Act (amended by Act No. 13718, Jan. 6, 2016) was deleted, and Article 258-2 (Special Bodily Injury) of the Criminal Act (amended by Act No. 13719, Jan. 6, 2016) entered into force under Article 258-2 (Special Bodily Injury) of the same day shall be punished by imprisonment for not less than one year but not more than ten years.

“The provisions were newly established.”

As such, instead of deleting Article 3(1) of the former Punishment of Violence Act, which provides for the requirements for aggravated composition of Article 257(1) of the Criminal Act, the establishment of a new element under Article 258-2(1) of the Criminal Act, and the provision of the statutory penalty lower than that of Article 3(1) of the former Punishment of Violences Act, is based on a reflective measure that the previous penal provision is more severe.