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

The grounds of appeal are examined.

Of the facts charged in the instant case, the lower court convicted the Defendant by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act (hereinafter “Assault Punishment Act”) and Article 283(1) of the Criminal Act with regard to intimidation to carry dangerous goods around April 29, 2015.

On September 24, 2015, the Constitutional Court rendered a decision that “The part concerning a person who commits a crime under Article 283(1)(Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous articles under Article 3(1) of the Punishment of Violences Act (hereinafter “instant provision”) shall be unconstitutional.”

Therefore, the instant provision becomes retroactively null and void pursuant to the main sentence of Article 47(3) of the Constitutional Court Act due to the foregoing unconstitutionality decision, and thus, the Defendant’s conviction of this part of the facts charged constitutes a crime of intimidation with dangerous objects, which was indicted by applying the instant provision among the facts charged (see, e.g., Supreme Court Decisions 2004Do9037, Apr. 15, 2005; 2014Do5433, Aug. 28, 2014).

Accordingly, the part of the judgment of the court below that violated the Punishment of Violences Act should be reversed. Since the above and the remaining parts that the court below found guilty should be sentenced to one punishment in concurrent crimes under the former part of Article 37 of the Criminal Act, the entire judgment of the court below should be reversed.

Therefore, without further proceeding to decide on the remaining 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.