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

Judgment ex officio is made.

The lower court upheld the first instance judgment that convicted the Defendant by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter “Assault Punishment Act”) and Article 283(1) of the Criminal Act as to each of the facts charged in the instant case.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part concerning "a person who commits a crime under Articles 260 (1), 283 (1), and 366 of the Criminal Act by carrying a deadly weapon or other dangerous object with him/her," which was applied by the court below (the Constitutional Court Decision 2014Hun-Ba154, 398 (merged), 2015Hun-Ba3, 9, 215Hun-Ga14, 2015 (Joint), 2015Hun-Ga3, 9, 2015Hun-Ga18, 20, and 25 (Joint) of the Punishment of Violences Act)" (Article 47 (3) of the Constitutional Court Act, which retroactively loses its effect pursuant to Article 47 (3) of the Act.

In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case prosecuted by applying the pertinent provision constitutes a crime (see, e.g., Supreme Court Decisions 91Do2825, May 8, 1992; 2005Do8317, Jun. 28, 2007) and thus, the court below found the defendant guilty of each of the facts charged in this case cannot be maintained any more.

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