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

Judgment ex officio is made.

1. In a case where the evaluation of the past acts committed as a crime has changed depending on the changes in the legal ideology that served as the reason for the enactment of penal statutes, and thus, the evaluation thereof was recognized and punished as a crime itself is unfair, or where the Acts and subordinate statutes were amended or amended in light of anti-discrimination that excessive punishment was excessive, the new law shall be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, 2013Do101, Jul. 11, 2013). According to the reasoning of the lower judgment, the lower court convicted the instant facts charged by applying Articles 1(3) and 1(2)3(1)7(1) of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014; hereinafter “former Punishment of Violences”).

(b) A person who commits any of the crimes under Article 2 (1) of the Punishment of Violences Act by force, or by showing any power under the pretending to an organization or group, or by carrying a deadly weapon or other dangerous articles, shall be punished in accordance with the subparagraphs of Article 2 (1) of the former Punishment Act.

"A person who habitually commits any of the following offenses" in Article 2 (1) shall be punished in accordance with the following classifications:

Article 257(1)(Bodily Injury) of the Criminal Act and Article 257(2)(Bodily Injury) of the Criminal Act provide that “A person shall be punished by imprisonment with prison labor for not less than three years.”

Accordingly, Article 3(1) of the Punishment of Violences, etc. Act, which was enforced by Act No. 13718 on January 6, 2016, has been deleted, and Article 258-2 (Special Bodily Injury) of the Criminal Act, which was enforced by Act No. 13719 on the same day, has been newly established and Article 258-1 (1) of the same Act has committed a crime under Article 257(1) or (2) of the Act.

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