2015Do1298 Violation of the Punishment of Violences, etc. Act (Intimidation by collective groups, deadly weapons, etc.)

A

Defendant

Attorney K (Korean National Assembly)

Seoul Southern District Court Decision 2015No532 Decided August 13, 2015

November 12, 2015

The judgment below is reversed, and the case is remanded to Seoul Southern 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 and Article 283(1) of the Criminal Act to the facts charged in this case where the Defendant threatened the victim by carrying dangerous articles.

However, on September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on the part concerning "a person who committed a crime under Article 283 (1) of the Criminal Act by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles" (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015) applied by the lower court following the decision of unconstitutionality (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015). Accordingly, the said legal provision was retroactively invalidated pursuant to Article 47 (3)

w The Defendant’s case indicted by applying the pertinent statutory provision constitutes a crime not committed (see, e.g., Supreme Court Decision 2005Do8317, Jun. 28, 2007). As such, the lower judgment convicting the instant facts charged was no longer maintained.

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.

Justices Park Young-young

Justices Kim Yong-deok

Justices Kim Jae-han

Chief Justice Kim Jong-il