The lower court convicted the charged facts of this case by applying Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act.

However, on February 26, 2015, the Constitutional Court rendered a decision of unconstitutionality on the part concerning Article 329 of the Criminal Act among Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes applied by the lower court (see, e.g., Constitutional Court Decision 2014Hun-Ga16, Feb. 26, 2015). Accordingly, the said provision of the Act was retroactively invalidated pursuant to the main sentence of Article 47(3) of the Constitutional Court Act.

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 constitutes a crime (see, e.g., Supreme Court Decisions 91Do2825, May 8, 1992; 2004Do9037, Apr. 15, 2005) and thus, the judgment of the court below which found the defendant guilty of the facts charged of this case cannot be maintained any longer.

Therefore, 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 on the bench.