However, on September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality as to “a person who commits a crime under Articles 260(1) and 283(1) of the Criminal Act by carrying a deadly weapon or other dangerous object with him/her” (see, e.g., Constitutional Court Decision 2014HunBa154, etc.). As such, Article 3(1) of the Punishment of Violences Act, which was applied by the lower court, retroactively lost its effect 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 is not a crime, and the judgment of the court below convicting this part of the facts charged cannot be maintained.

Therefore, the part of the judgment below regarding the violation of the Punishment of Violences Act (collectively weapons, etc.) should be reversed. Since the above part and the remaining part are concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence were imposed on the defendant, the judgment of the court below should be reversed in its entirety.

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 further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices