The motion for retrial of this case is dismissed.

1. On April 15, 2015, the Defendant, who became final and conclusive in the judgment subject to a retrial, was sentenced to imprisonment with prison labor for two years and a surcharge of 100,000 won for a violation of the Narcotics Control Act and the Punishment of Violences, etc. Act (a group, deadly weapons, etc.). The Defendant appealed against the above judgment, but the appeal was dismissed on July 16, 2015, and the said judgment became final and conclusive around that time.

2. Article 3(1) of the Punishment of Violences, etc. Act of the Defendant’s argument that the decision of unconstitutionality was made, which also includes the provision applied to the Defendant.

3. The judgment subject to a retrial was found guilty by applying Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act and Article 276(1) of the Criminal Act to the judgment subject to a retrial.

In this regard, Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; amended by Act No. 12896, Dec. 30, 2014); (2) The part concerning “a person who commits a crime under Article 260(1) (Assault), 283(1) (Intimidation), and 366 of the Criminal Act by carrying a deadly weapon or other dangerous object with him/her and thereby commits a crime under Article 3(1) of the Criminal Act (amended by Act No. 12896, Dec. 30, 201); and (3) the part concerning arrest and detention of the criminal defendant by carrying a deadly weapon or other dangerous object under Article 3(1) of the same Act (amended by Act No. 12896, Dec. 30, 2014); and (2) the part concerning arrest and detention under Articles 26(1) and 26(3)(16) of the Criminal Act.

Therefore, the defendant's argument cannot be accepted, since the judgment subject to a retrial does not constitute a final judgment of conviction based on the provisions of the law decided as unconstitutional.

4. The petition for retrial of this case is dismissed as it is without merit.

January 22, 2016