1. Crimes committed in the past according to the change of the legal ideology which was the basis of the enactment of penal Acts and subordinate statutes;

that evaluation has changed and recognized it as a crime and has been punished in itself; or

Article 1(2) of the Criminal Act where statutes have been amended or amended in light of anti-sexual records that excessive punishment has been imposed.

Pursuant to the foregoing, new law shall apply (Supreme Court Decisions 2009Do12930 Decided March 11, 2010; 2009Do12930 Decided March 11, 201

See Supreme Court Decision 2013Do4862, 2013 Jeondo101 Decided July 11, 2013, etc.

2. A. As to the facts charged in the instant case, the lower court: (a) the former Punishment of Violences, etc. Act ( January 2016)

6. Article 3 of the former Punishment of Violences Act (amended by Act No. 13718; hereinafter referred to as the "former Punishment of Violences Act").

The judgment of the court of first instance which judged guilty by applying paragraph (1) and Article 2(1)3, and Article 257(1) of the Criminal Act.

maintained the record.

(b) Article 3 (1) of the former Punishment of Violences Act means an organization or group by force or by force;

A person who commits any of the crimes referred to in the subparagraphs of Article 2(1) by referring to the power of a group; or

A person who commits a crime by carrying a deadly weapon or other dangerous article shall be punished by the formula set forth in the subparagraphs of Article 2 (1).

A person who habitually commits any of the following crimes shall be punished in accordance with the Act, and Article 2 (1) of the Act shall apply to such person:

section 257 of the Criminal Act provides that “A person shall be punished in accordance with the following classification:

Paragraph (1) and Article 257 (2) of the Criminal Act shall be punished by imprisonment for a definite term of not less than three years.

Provided, however, the punishment of violence, etc., which was amended and enforced by Act No. 13718 on January 6, 2016

Article 3(1) of the Act on the Law of the Republic of Korea is deleted, and the Criminal Code amended and enforced by Act No. 13719 on the same day.

Article 258-2 (Special Bodily Injury) is newly established and "a threat of collective or multiple force" in paragraph (1) shall show the power of collective or multiple persons.

When a person commits a crime under Article 257 (1) or (2) by carrying any dangerous or dangerous goods, he/she shall be subject to one year.

It stipulated that "A person shall be punished by imprisonment with prison labor for not more than ten years."

As such, the former Punishment of Violence defined the aggravated elements of Article 257(1) of the Criminal Act

Article 258-2(1) of the Criminal Act, instead of deleting Article 3(1) of the Punishment Act, means the above elements of a crime.

Newly inserted that the statutory penalty is lower than that of Article 3(1) of the former Punishment of Violences Act, the above provision is applicable.

Even if general risk of bearing a mark of heavy constituent elements is considered, the commission of an individual crime;

Although the above is very diverse in terms of specific behavior and the degree of infringement of legal interests, it is uniform;

From the fact that the previous penal provisions are too important to punish aggravated punishment for imprisonment for a limited term of not less than three years.

Since it should be viewed as an anti-sexual measure, this should be regarded as a law after a crime under Article 1 (2) of the Criminal Code.

A punishment is more severe than that of the old law due to changes.

If so, the former violence as a juristic person in the event of an act under Article 1 (2) of the Criminal Act as to the facts charged

Article 258-2 (1) of the Criminal Code of the new corporation cannot be punished for aggravated punishment pursuant to the provisions of the Act on the Punishment of Acts.

Since punishment can only be imposed, the judgment of the court below premised on the application of the provisions of the former Punishment of Violences Act.

No longer can no longer be maintained.

3. Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed, and the case is remanded again.

The case is remanded to the lower court for determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

The decision shall be rendered as above.

Justices Park Young-young

Justices Kim In-bok, Counsel for defendant

Justices Kim Jong-il