The lower court was amended by Act No. 7891, Mar. 24, 2006; and was amended by Act No. 12896, Dec. 30, 2014; as to the facts charged of this case, which the Defendant had threatened by carrying a deadly weapon or other dangerous articles.

A. The Punishment of Violences Act (hereinafter referred to as “Assault Punishment Act”)

(1) The Constitutional Court affirmed the first instance judgment that convicted the Defendant by applying Articles 3(1) and 2(1)1 of the Act, and Article 283(1) of the Criminal Act. However, the Constitutional Court rendered a decision of unconstitutionality as to 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 object” under Article 3(1) of the Punishment of Violences Act, which was applied by the lower court (see Constitutional Court Decision 2014Hun-Ba154, Sept. 24, 2015). Accordingly, the aforementioned legal provision was retroactively invalidated pursuant to 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 is not a crime, and the judgment of the court below which found the defendant guilty of the facts charged in this case cannot be maintained any more.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.