The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

10,000 won shall be collected from the defendant.

On January 16, 2015, the Defendant was indicted of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), violation of the Narcotics Control Act (a violation of the Act on the Control of Narcotics, etc.), violation of the Act on the Control of Narcotics, etc., and violation of the Act.

On March 24, 2015, the lower court found the Defendant guilty of all the charges and sentenced the Defendant to imprisonment with prison labor for two years, confiscation, and collection of 10,000 won.

The Defendant appealed against the judgment of the court below on the grounds of unfair sentencing.

In this case, the District Court 2015No 967 decided July 1, 2015, the court reversed ex officio the judgment of the court of the first instance on the grounds that “the prosecutor applied for the amendment of a bill of amendment to the Act on the Control of Narcotics, Etc. to the appellate trial, and the subject of the judgment was changed by the court that permitted the amendment of the Act,” and recognized all of the above facts charged as guilty, and was amended by the former Punishment of Violences, etc. Act (the Act on the Punishment of Violences, etc.) as to the violation of the Act on the Punishment of Violences, etc. (the Act on the Punishment of Violences, etc.) (the Act on December 30, 2014 was amended by Act No. 12896, Jan. 6, 2016).

(A) Articles 3(1) and 2(1)1 of the former Punishment of Violences Act and Article 260(1) of the Criminal Act apply, and each of the remaining crimes is deemed concurrent crimes under the former part of Article 37 of the Criminal Act, and the Defendant rendered a judgment of KRW 1,60,000 (hereinafter “the judgment subject to a retrial”) with respect to imprisonment for one year and six months, and additional collection for one hundred million (hereinafter “the judgment subject to a retrial”).

Since then, the judgment subject to review became final and conclusive on July 9, 2015.

On December 3, 2015, the Defendant filed a motion for a retrial on the judgment subject to a retrial. On August 19, 2016, this Court rendered a motion for a retrial under Article 47(4) of the Constitutional Court Act for a crime of violation of the Punishment of Violences, etc. Act (Assault such as a collective deadly weapon) among the crimes subject to a retrial, and the remainder of the crimes are also set forth in the preceding sentence of Article 37 of the Criminal Act.