2015Do18638 Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.);

Obstruction of Duties, Damage to Property, Violence, Punishment of Violence, etc.

Violation of the Act (aggravated Intimidation, etc. of an Recognized Crime) (Special Intimidation, etc.)

A

Defendant

Attorneys Y (Korean National Assembly)

Seoul Northern District Court Decision 2015No1632 Decided November 18, 2015

March 24, 2016

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

Judgment on the grounds of appeal shall be made ex officio.

1. Act which was committed in the past according to the change of the legal ideology which was the basis of the enactment of penal statutes;

The evaluation has changed and recognized it as a crime, and the punishment itself has been unfair; or

section 1(2) of the Criminal Code is amended or amended in the reflective consideration that an excessive punishment has been imposed.

Pursuant to paragraph (1), new law shall be applied (Supreme Court Decision 2009Do12930 Decided March 11, 2010, Supreme Court Decision 2009Do12930, Supreme Court Decision 20

Seoul High Court Decision 2013Do4862, 2013 Jeondo101 decided July 11, 2013

2. According to the reasoning of the judgment below, the court below held that among the facts charged in this case, the defendant is dangerous.

Punishment of violence, etc. committed by an act of violence, etc. in relation to the act of inflicting an injury on L by carrying a volunteer;

The former Punishment of Violences Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter referred to as the "former Punishment of Violences Act").

D) For the purposes of Articles 3(1) and 2(1)3 of the Act and Article 257(1) of the Criminal Act, a conviction shall be made in accordance with

Provided, That this was the case.

Article 3 (1) of the former Punishment of Violences Act shall be construed as a power of an organization or group or an organization or group.

a person who commits any of the crimes referred to in the subparagraphs of Article 2(1) by showing the power under the disguisedly;

A person who commits a crime by carrying flags or other dangerous articles shall be punished in accordance with the subparagraphs of Article 2 (1).

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

Article 257 of the Criminal Act provides that "any person shall be punished in accordance with the following classification:

The first clause provides that a person who commits the crime under paragraph 1 shall be punished by imprisonment for a definite term of not less than three years.

The Act on Punishment of Violences, etc., amended and enforced by Act No. 13718, Jan. 6, 2016, is amended and enforced.

Article 3(1) is deleted, and the Criminal Code amended and enforced by Act No. 13719 on the same day is the former violent act.

Article 258-2 (Special Bodily Injury) shall be newly established in order to prevent the gap in punishment following the above amendment of the Punishment Act.

section 257 of this title, "a threat of collective force or by carrying dangerous objects" in paragraph 1 of this title.

The crime referred to in paragraph (1) or (2) shall be punished by imprisonment with prison labor for not less than one year but not more than ten years.

As such, former violence, which prescribed the aggravated elements of Article 257(1) of the Criminal Act.

Article 258-2 of the Criminal Act instead of deleting Article 3(1) of the Act on the Punishment of Acts and Subordinate Statutes

Article 3 (1) of the former Punishment of Violences Act (amended by Act No. 1) provides that statutory punishment shall be less than that of Article 3 (1) of the same Act

an individual crime even if the general risk of the sign of the above aggravated constituent elements is considered.

The circumstances leading up to the crime, specific types of conduct, and degree of infringement of legal interests, etc. are very diverse;

The previous penal provision that uniformly punishs an aggravated punishment for imprisonment for a limited term of not less than three years is more severe.

The crime of Article 1 (2) of the Criminal Code shall be deemed to be the reflective measure taken from the company.

After all, the revision of the law is more severe than that of the old law.

Thus, among the facts charged in the case of this case, the defendant's disease, which is dangerous articles, L.

In accordance with Article 1(2) of the Criminal Act, the former Punishment of Violences Act, a corporation at the time of an act that inflicts an injury on the person

It can not be punished by an aggravated punishment under the provisions of Article 258-2(1) of the Criminal Code of the new corporation.

Since the judgment of the court below that applied the provisions of the former Punishment of Violences Act can no longer be maintained.

was made.

3. Meanwhile, the court below erred by misapprehending the legal principles on the grounds of reversal and the remaining guilty part under Article 37 of the Criminal Act.

Since a single sentence was imposed on the grounds that the former concurrent crimes are in the relationship of crimes, the judgment below is eventually made.

must be entirely reversed.

4. Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed and the case is remanded.

The case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided by the assent of all participating Justices on the bench.

shall be determined as above.

Justices Park Sang-ok

Justices Lee Sang-hoon

Justices Kim Chang-tae, Counsel for the defendant

Justices Cho Jong-hee