As a result of the amendment of the Criminal Act on January 6, 2016, the special injury crime was newly established under Article 258-2 of the Criminal Act. However, in full view of the legal principles on the interpretation of the penal provisions and the progress of the amendment of the Punishment of Violences, etc. Act, the details and purpose of the amendment of Article 258-2 of the Criminal Act, the history and structure of Article 262 of the Criminal Act, etc., it is reasonable to interpret that in the case of a special injury resulting from violence, the punishment shall be punished pursuant to Article 257(1) of the Criminal Act, as in the previous case, notwithstanding the enactment of Article 258-2 of the Criminal Act (see Supreme Court Decision 2018Do3443, Jul.

The court below maintained the judgment of the court of first instance that determined punishment according to the precedent under Article 258-2 of the Criminal Act, even though the punishment for the defendant is to be determined in accordance with Article 257(1) of the Criminal Act as to the facts charged by the injury resulting from special assault in this case in accordance with the above legal principles. In so doing, the court below erred by misapprehending the legal principles on the

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 Cho Jong-hee

Justices Min Min-young

The chief Justice Justice shall mobilized