The lower court upheld the first instance judgment convicting the Defendant by applying Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014; hereinafter referred to as “Assault Punishment Act”) and Article 283(1) of the Criminal Act to the facts charged in the instant case where the Defendant had threatened him with a deadly weapon or other dangerous articles.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part concerning "a person who committed a crime under Article 283 (1) (Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles (see, e.g., Constitutional Court Decision 2014HunBa154, Sept. 24, 2015). Accordingly, the above legal provision was retroactively invalidated pursuant to Article 47 (3) of the Constitutional Court Act. In a case where the law or legal provision on punishment becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case indicted by applying the above legal provision is not a crime, and thus, the judgment of the court below which convicted him of the facts charged of this case cannot be maintained further.

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 on the bench.

Justices Park Sang-hoon

Justices Kim Jae-tae

Justices Park Sang-ok