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

Judgment ex officio is made.

1. As to the facts charged in the instant case, the lower court upheld the first instance judgment that convicted the Defendant by applying Articles 3(1), 2(1)3, and 3(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) and Articles 257(1) and 31(1) of the Criminal Act.

2. Any person who commits a crime as prescribed in the subparagraphs of Article 2 (1) or who commits a crime with a deadly weapon or other dangerous articles carrying it in accordance with the subparagraphs of Article 2 (1) shall be punished in accordance with the provisions of each subparagraph of Article 2 (1) by force of an organization or group, or showing a power under the pretend of an organization or group.

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

“At the same time, Article 257(1)(Inflicting) of the Criminal Act provides that “A person shall be punished by imprisonment for a limited term of not less than three years.”

In that sense, Article 3(1) was deleted upon the amendment of the above Act on January 6, 2016, and Article 258-2 (Special Bodily Injury) of the Criminal Act, which was enforced by Act No. 13719 on the same day, shall be punished by imprisonment for not less than one year but not more than ten years.

“The provisions were newly established.”

As such, instead of deleting Article 3(1) of the former Punishment of Violence Act, which provides for the requirements for aggravated composition of Article 257(1) of the Criminal Act, the establishment of a new provision under Article 258-2(1) of the Criminal Act instead of deleting Article 3(1) of the former Punishment of Violences Act, pursuant to anti-sexual measures that stipulates the statutory penalty lower than that of Article 3(1) of the former Punishment of Violences Act is more severe than that of the former Punishment of Violences Act. Thus, this constitutes “when a sentence is heavier than that of the former Punishment Act due to a change in the law after the crime” under Article 1(2) of the Criminal Act (see Supreme Court Decision 2016