2015Do18556 A. Violation of the Punishment of Violences, etc. Act (a)

(b) Intimidation;

A

Defendant

Suwon District Court Decision 2015No4236 Decided November 4, 2015

March 10, 2016

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

We examine ex officio.

1. Crimes committed in the past according to the change of the legal ideology which was the basis of the enactment of penal Acts and subordinate statutes;

that evaluation has changed and recognized it as a crime and has been punished in itself; or

Article 1(2) of the Criminal Act where statutes have been amended or amended in light of anti-sexual records that excessive punishment has been imposed.

Pursuant to the foregoing, new law shall apply (Supreme Court Decisions 2009Do12930 Decided March 11, 2010; 2009Do12930 Decided March 11, 201

See Supreme Court Decision 2013Do4862, 2013 Jeondo101 Decided July 11, 2013, etc.

2. A. According to the reasoning of the lower judgment, the lower court, among the facts charged in the instant case, attempted murder by carrying a deadly weapon.

The former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016) as to the punishment of violence, etc.

Articles 6, 3(1), and 2(1)3 of the former Punishment of Violences Act (hereinafter referred to as the "former Punishment of Violences Act").

It was found guilty by applying the title, Article 257(1) of the Criminal Act.

(b) Article 3 (1) of the former Punishment of Violences Act means an organization or group by force or by force;

A person who commits any of the crimes referred to in the subparagraphs of Article 2(1) by referring to the power of a group; or

A person who commits a crime by carrying a deadly weapon or other dangerous article shall be punished by the formula set forth in the subparagraphs of Article 2 (1).

(1) A person who habitually commits any of the following crimes shall be punished in accordance with the Act, and Article 2(1) shall be punished in accordance with the Act:

A person who has committed a crime shall be punished in accordance with the following classification. Article 257 of the Criminal Act of the Republic of Korea

Paragraph (1) and Article 257 (2) of the Criminal Act shall be punished by imprisonment for a definite term of not less than three years.

The provision, however, was amended and enforced by Act No. 13718 on January 6, 2016. Punishment of Violence, etc.

Article 3(1) of the Act shall be deleted and shall be amended and enforced by Act No. 13719 on the same day.

The Act shall newly establish Article 258-2 (Special Bodily Injury) and shall show the power of an organization or a large number of people in paragraph (1).

(1) When a person commits a crime under Article 257(1) or (2) by carrying a dangerous or dangerous good, one year;

It stipulated that “A person shall be punished by imprisonment with prison labor for not less than ten years but not more than ten years.”

As such, the former Punishment of Violence defined the aggravated elements of Article 257(1) of the Criminal Act

Article 258-2(1) of the Criminal Act, instead of deleting Article 3(1) of the Punishment Act, means the above elements of a crime.

Newly inserted that the statutory penalty is lower than that of Article 3(1) of the former Punishment of Violences Act, the above provision is applicable.

Even if general risk of bearing a mark of heavy constituent elements is considered, the commission of an individual crime;

The above, even though the specific form of conduct and the degree of infringement of legal interest are very diverse, it is not less than 3 years uniformly.

any violation of the previous penal provisions of which punishment shall be aggravated by imprisonment for a limited term;

Since it should be viewed as an appropriate measure, it is by a change of law after a crime under Article 1 (2) of the Criminal Code.

Punishment is more severe than that of the old law.

Therefore, among the facts charged of this case, the defendant's carrying a knife, which is a deadly weapon, and injury E

An act of committing an attempted act in accordance with Article 1(2) of the Criminal Act shall be an act of violence committed by the Gu, a corporation at the time of the act.

In the case of Article 258-2 (3) and (1) of the Criminal Code, it cannot be punished for an aggravated punishment under the provisions of the Criminal Code.

Since punishment can only be imposed, the judgment of the court below that applied the provisions of the former Punishment of Violences Act is more flexible.

could not become a member of the Committee.

C. Meanwhile, the court below held that the above part of the facts charged and the remaining facts charged against the defendant are Article 37 of the Criminal Act.

Since a single sentence was imposed on the grounds that the former has a substantive competition relationship, the above part of the prosecution is prosecuted.

Not only facts but also the remainder of the facts charged should be reversed together.

3. Therefore, without examining the grounds of appeal, we reverse the judgment below and the case is remanded again.

The case shall be remanded to the court below for a determination, and the opinion shall be raised by the assent of all participating Justices.

this decision is delivered with the assent of all Justices.

Justices Lee Jae-soo

Justices Kim Gin-young

Chief Justice Lee Dong-won