폭력행위등처벌에관한법률위반(집단·흉기등협박)
2015Do13405 Violation of the Punishment of Violences, etc. Act (Intimidation by collective groups, deadly weapons, etc.)
A
Defendant
Attorney G (Korean National Assembly)
Suwon District Court Decision 2015No2908 Decided August 12, 2015
November 17, 2015
The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
Judgment ex officio is made.
The lower court upheld the first instance judgment that convicted the Defendant by applying Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter referred to as the “former Punishment of Violences Act”) and Article 283(1) of the Criminal Act.
However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality as to the part concerning "a person who commits a crime under Articles 260 (1), 283 (1) and 366 of the Criminal Act by carrying a deadly weapon or other dangerous object" (see, e.g., Supreme Court Decision 2015Hun-Ba154, 398, Sept. 24, 2015; 2015Hun-Ba3, 9, 2015Hun-Ga14, 2015Hun-Ga18, 200, 25 (Joint), and 205Hun-Ga14, 205Hun-Ga18, and 25 (Joint) of the former Punishment of Violences Act, which was applied by the court below (see, e.g., Supreme Court Decision 2008Hun-Ga257, Sept. 24, 2015).
presiding judge, Park Sang-ok
Justices Lee Sang-hoon
Justices Kim Chang-tae, Counsel for the defendant
Justices Cho Jae-dae