1. The lower court found the Defendant guilty by applying Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) and Article 257(1) of the Criminal Act to the act of causing bodily injury by carrying dangerous articles among the ancillary facts charged.

2. Any person who commits a crime as prescribed in the subparagraphs of Article 2 (1) or who commits a crime with a deadly weapon or other dangerous articles carrying it in accordance with the subparagraphs of Article 2 (1) shall be punished in accordance with the provisions of each subparagraph of Article 2 (1) by force of an organization or group, or showing a power under the pretend of an organization or group.

Article 2(1) provides that "A person who habitually commits any of the following offenses shall be punished in accordance with the following classifications:

“At the same time, Article 257(1)(Inflicting) of the Criminal Act provides that “A person shall be punished by imprisonment for a limited term of not less than three years.”

In that sense, Article 3(1) was deleted upon the amendment of the above Act on January 6, 2016, and Article 258-2 (Special Bodily Injury) of the Criminal Act, which was enforced by Act No. 13719 on the same day, shall be punished by imprisonment for not less than one year but not more than ten years.

“The provisions were newly established.”

As such, instead of deleting Article 3(1) of the former Punishment of Violence Act, which provides for the requirements for aggravated composition of Article 257(1) of the Criminal Act, the establishment of a new element under Article 258-2(1) of the Criminal Act instead of deleting Article 3(1) of the former Punishment of Violences Act, and the provision of the statutory penalty under Article 3(1) of the former Punishment of Violences is based on anti-sexual measures that the former penal provision is heavier than that of the former Punishment of Violences Act. Thus, this constitutes “when a sentence is heavier than that of the former Punishment Act due to the change of the law after the crime” under Article 1(2) of the Criminal Act (see Supreme Court Decision 201Da1548, Jan.