The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

1. Case progress

A. On June 28, 2013, the lower court convicted the Defendant of all the criminal facts, such as violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) against the Defendant, and sentenced the Defendant to five years, etc., and appealed against the lower judgment.

B. On December 24, 2013, the appellate court reversed the judgment of the court below ex officio on the grounds of changes in indictment, and subsequently convicted the Defendant of all the criminal facts of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) against the Defendant, and sentenced the Defendant to a judgment subject to a retrial for five years, etc. (hereinafter “determination subject to a retrial”).

(c)

Although the Defendant appealed, the judgment subject to a retrial became final and conclusive by dismissing the Defendant’s final appeal on March 27, 2014, Supreme Court Decision (2014Do849).

(d)

On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on Article 3(1) of the Punishment of Violences, etc. Act regarding “a person who commits a crime under Article 283 (Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous articles.”

E. On January 26, 2016, the Defendant requested a retrial against a judgment subject to a retrial. On March 3, 2016, this Court rendered a decision to commence a retrial on the grounds that there was a ground that there was a ground for re-examination under Article 47(4) of the Constitutional Court Act regarding a judgment subject to a retrial, and the said decision became final and conclusive.

2. Grounds for appeal and the trial and examination of this court;

A. On the grounds of appeal, the Defendant asserted that the Defendant did not err by misapprehending the facts concerning the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), but also by misunderstanding the facts or misunderstanding the legal principles on the part of the criminal facts for which there is no ground for retrial, and that the Defendant’s punishment (five years of imprisonment) of the lower court is too unreasonable.

B. The scope of this court’s trial and hearing, however, the existence of a new trial on the part of facts constituting a crime without any grounds for retrial in the retrial procedure.