A seized knife (No. 1) shall be confiscated.

1. Progress of this case

A. On May 12, 2015, the Defendant was sentenced to ten months of imprisonment with labor upon the application of Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter “former Punishment of Violence Punishment Act”), Article 2(1)1 of the Criminal Act, Article 283(1) of the Criminal Act, etc. against the violation of the Punishment of Violences, etc. Act (hereinafter “Act”). The Defendant dissatisfied with the judgment subject to a retrial was appealed by Suwon District Court 2015No305, but was dismissed on August 19, 2015, and the judgment subject to a retrial became final and conclusive as is August 27, 2015.

B. On September 24, 2015, the Constitutional Court violated the Constitution in regard to “a person who commits a crime under Articles 260(1)(Assault), 283(1)(Intimidation), and 366(damage, etc.) of the Criminal Act by carrying a deadly weapon or other dangerous object” in Article 3(1) of the former Punishment of Violences Act, etc.

"" was decided by the Constitutional Court, and thereby the above legal provision was retroactively invalidated in accordance with the provisions of Article 47 (3) of the Constitutional Court Act.

(c)

The Defendant filed the instant petition for retrial on the ground that the above Constitutional Court’s unconstitutional decision was rendered on the part of intimidation against carrying dangerous objects in the judgment subject to retrial.

However, the judgment subject to a retrial is in a concurrent crime under the former part of Article 37 of the Criminal Act with respect to the provision of intimidation to carry dangerous goods which are the grounds for a retrial and the remaining conviction.

On July 30, 2018, this Court rendered a decision to commence a new trial on the whole guilty part of the judgment subject to a new trial.

2. In an indivisible final and conclusive judgment which acknowledges the conviction of several criminal facts in the relationship of a concurrent crime within the scope of judgment of this court, only one of them shall be applicable to the crimes of some of them.