2015Do12675 Violation of the Punishment of Violences, etc. Act (Intimidation by groups, deadly weapons, etc.)

B

Defendant

Y. Law Firm National Assembly (National Assembly)

Busan District Court Decision 2015No1121 Decided July 24, 2015

November 27, 2015

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

ex officio deemed.

The lower court found the Defendant guilty on the charges of this case by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act.

Article 3(1) of the Punishment of Violences, etc. Act applied by the lower court after the judgment was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part concerning "a person who committed a crime under Articles 260(1), 283(1), and 366 of the Criminal Act by carrying with a deadly weapon or other dangerous articles" (the Constitutional Court Decision 2014Hun-Ba154,398 (Joint), 2015Hun-Ba3, 9, 2015Hun-Ga14, 2015Hun-Ga18, 2015Hun-Ga18, 200, 25 (Joint), and 205Hun-Ga14 (Joint), and Article 47(3) of the Constitutional Court Act. Accordingly, the decision of the lower court that held that the aforementioned legal provision was retroactively null and void, without the assent of all Justices on the ground of appeal, and thus, the judgment of the lower court did not err in the misapprehension of the law and the judgment of this case.

Justices Kim Jae-sik et al.

Justices Lee Sang-hoon

Justices Cho Jong-hee

Chief Justice Park Sang-ok