The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Articles 3(1) and 2(1)1 and 3(1)3 of the Punishment of Violences, etc. Act provide for the same elements as the crimes under the Criminal Act. However, the statutory penalty raised only by the statutory penalty is inconsistent with the basic principles of the Constitution guaranteeing the dignity and value of human beings due to the failure to meet the legitimacy and balance as a special criminal law, and thus, is unconstitutional.

Sheet Defendant has not committed intimidation or bodily harm to the victim by carrying dangerous articles.

Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act shall not be deemed as an injury.

In addition, the judgment of the court below which convicted the charged facts of this case by applying Article 3 (1) and Article 2 (1) 1 and 3 of the Punishment of Violences, etc. Act, and there is an error of law by misunderstanding the facts or misunderstanding the legal principles.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the misapprehension of the legal doctrine or the assertion of mistake of facts, the issue of how to punish a crime under Article 3(1) of the Punishment of Violences, etc. Act is unconstitutional, that is, the choice of the type and scope of statutory penalty should be readily recognized, and it should not be readily concluded that the broad legislative discretion should be recognized violates the Constitution.

Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act provide that a person who commits a crime of intimidation by carrying a deadly weapon or other dangerous articles shall be punished by imprisonment with prison labor for not less than one year shall be punished by such legislative formation authority. It is also within the scope of legislative formation authority. It is difficult to deem that a provision violates the basic principles of the Constitution guaranteeing the dignity and value of human

Supreme Court Decision 2014Do1894 Decided June 12, 2014