폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.
Judgment ex officio is made.
1. In a case where the evaluation of the past acts committed as a crime has changed depending on the changes in the legal ideology that served as the reason for the enactment of penal statutes, and the punishment itself was recognized and punished as a crime, or where the Acts and subordinate statutes were amended or amended based on reflective consideration that excessive punishment was excessive, the new law shall be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, 2013Do101, Jul. 11, 2013). On February 1, 2013, the lower court affirmed the judgment that convicted the instant facts charged by applying Article 3(1) and Article 1(2)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment Act”).
(b) A person who commits a crime under any of the subparagraphs of Article 2 (1) by force, or showing a power under the pretending to an organization or group, under Article 3 (1) of the former Punishment of Violences Act, or who commits a crime by carrying a deadly weapon or other dangerous articles with him/her, shall be punished in accordance with any of the subparagraphs of Article 2 (1).
"A person who habitually commits any of the following offenses" in Article 2 (1) shall be punished in accordance with the following classifications:
Article 257(1)(Bodily Injury) of the Criminal Act and Article 257(2)(Bodily Injury) of the Criminal Act provide that “A person shall be punished by imprisonment with prison labor for not less than three years.”
In that sense, Article 3(1) of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016) is deleted, and Article 258-2 (Special Bodily Injury) of the Criminal Act (amended by Act No. 13719, Jan. 6, 2016) is newly established, and Article 258-2 (Special Bodily Injury) of the Criminal Act (amended by Act No. 13719) commits a crime under Article 257(1) or (2) with the threat of collective power or carrying dangerous articles, he/she shall be punished by imprisonment for not less than one year but not more than ten years.