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

Judgment on the grounds of appeal shall be made ex officio.

Of the facts charged in the instant case, the lower court upheld the first instance judgment convicting the Defendant by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act.

However, on September 24, 2015, the Constitutional Court rendered a decision that "a person who commits a crime under Article 260 (1) of the Criminal Act by carrying a deadly weapon or other dangerous articles with him/her is in violation of the Constitution" under Article 3 (1) of the Punishment of Violences, etc. Act (see Constitutional Court Decision 2014Hun-Ba154, 398 (Merger), 2015Hun-Ga3, 9, 2015Hun-Ga3, 9, 2015Hun-Ga14, 2015Hun-Ga14, 20, 2015Hun-Ga18, 25, 205Hun-Ga18, and 25 (Merger) of the Punishment of Violences, etc. Act) is retroactively invalidated pursuant to the main sentence of Article 47 (3) of the Constitutional Court Act.

As such, in a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the facts charged charged by applying the pertinent legal provision are not a crime, and thus the judgment of the court below which applied the above legal provision to the act of assaulting carrying dangerous objects among the facts charged in this case cannot be maintained.

Therefore, the part of the judgment of the court below against the Punishment of Violences, etc. (collectively weapons, etc.) due to the assault by carrying dangerous articles among the judgment below should be reversed, and the above part shall be sentenced to a single punishment in relation to concurrent crimes with the remaining convicted parts. Accordingly, the judgment of the court below shall be reversed in its entirety.

Therefore, without further proceeding to decide on the grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.