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

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

The lower court upheld the first instance judgment that convicted of the Defendant by applying Article 3(1), Article 2(1)1, and Article 260(1) of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act with respect to the act of assaulting carrying dangerous articles among the facts charged in the instant case.

However, on September 24, 2015, the Constitutional Court rendered a decision that “a person who commits a crime under Article 260(1) (Assault) of the Criminal Act by carrying a deadly weapon or any other dangerous object with him/her,” in Article 3(1) of the Punishment of Violences, etc. Act, shall be deemed to be in violation of the Constitution, and thus, the Constitutional Court rendered a decision that the part of Article 260(1) (Assault) of the Criminal Act shall be deemed to be retroactively null and void pursuant to the main sentence of Article 47(3) of the Constitutional Court Act.

As such, in a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the facts charged charged by applying the pertinent legal provision are not a crime, and thus the judgment of the court below which applied the above legal provision to the act of assaulting carrying dangerous objects among the facts charged in this case cannot be maintained.

Therefore, the part of the judgment of the court below against the Punishment of Violences, etc. (Assaults such as group deadly weapons, etc.) due to dangerous carrying and assault of dangerous objects should be reversed, and the above part shall be sentenced to a single punishment in relation to concurrent crimes with the remaining convicted parts. Accordingly, the judgment of the court below shall be reversed in its entirety.

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 on the bench.