2015Do196 A. Violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)

(b) Violation of the Punishment of Violences, etc. Act;

(Name of Recognized Crime: Special Violence)

(c) Violation of the Punishment of Violences, etc. Act;

(Destruction, Destruction, etc. of Collective or Deadly Weapons)

(Recognized Crime Name: Destruction and Damage of Special Property)

(d) Violation of the Punishment of Violences, etc. Act;

(e) Violation of the Punishment of Violences, etc. Act;

1. A;

2. C.

Defendants

Attorney AR (National Election for the Defendant)

Incheon District Court Decision 2015No3681 Decided December 2, 2015

February 18, 2016

The part of the judgment of the court below against the Defendants is reversed, and this part of the case is remanded to the Incheon District Court.

The case shall be remanded to the Council.

Judgment ex officio is made.

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, 2013Do101 decided July 11, 2013

2. A. The lower court: (a) out of the instant facts charged against the Defendants, the exit, the Defendants dangerous to the Defendants.

An act of violence, etc. committed against the victim J or K by carrying a bund and causing an injury to the victim.

The former Punishment Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply)

Articles 3(1) and 2(1)3 of the Punishment Act and Article 257(1) of the Criminal Act shall apply

The two convictions were found.

(b) Article 3 (1) of the former Punishment of Violences Act means an organization or group by force or by force;

A person who commits any of the crimes referred to in the subparagraphs of Article 2(1) by referring to the power of a group; or

A person who commits a crime by carrying a deadly weapon or other dangerous article shall be punished by the formula set forth in the subparagraphs of Article 2 (1).

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

Article 257(1) of the Criminal Act provides that "any person shall be punished in accordance with the following classification:

It stipulated that a person who commits a crime such as an injury shall be punished by imprisonment for a limited term of not less than three years.

Article 3 of the Punishment of Violences, etc. Act amended and enforced by Act No. 13718, Jan. 6, 2016

Article 258-2 in the Criminal Code amended and enforced by Act No. 13719 on the same day.

(Special Injury) A newly created and "a dangerous or visible threat of force of an organization or majority" in paragraph (1).

(1) When a person commits a crime under Article 257 (1) or (2) by carrying himself/herself, he/she shall be punished for not less than one year nor more than ten years.

I stated that “A person shall be punished in calendar.”

As such, the former Punishment of Violence defined the aggravated elements of Article 257(1) of the Criminal Act

In lieu of deletion of Article 3 (1) of the Punishment Act, a new provision of Article 258-2 (1) of the Criminal Act is established, and such statutory penalty is imposed.

The provision of Article 3(1) of the former Punishment of Violences is lower than that of Article 3(1) of the same Act.

Considering the general risk of the individual crime, the details of the individual crime and the specific form of action;

Although the degree of infringement of legal interests is very diverse, it is uniformly aggravated by imprisonment for not less than three years.

It shall be deemed that the previous penal provisions are too excessive and that they are anti-sexual measures from the point of view.

Since this is a matter of course, it is more severe than the old law due to the change of the law after the crime under Article 1 (2) of the Criminal Code.

‘at the time'.

Thus, among the facts charged in this case against the Defendants, the air-conditioning net, which is dangerous to the Defendants.

In accordance with Article 1(2) of the Criminal Act, an act of inflicting an injury on the victim J or K

Article 258 of the Criminal Code of the New Corporation cannot be subject to aggravated punishment pursuant to the former Punishment of Violences Act.

2 Inasmuch as the punishment can only be imposed under Paragraph 1, this part of this Act is applied to the provisions of the former Punishment of Violences.

The judgment of the court of first instance has no longer been maintained.

C. Meanwhile, the lower court held that this part of the facts charged and the remainder of the facts charged against the Defendants are as follows.

Since it is deemed that there exists a concurrent crime relationship under the former part of this Article, each sentence was imposed on the Defendants.

Ro. The part of the lower judgment against the Defendants should be reversed in its entirety.

3. Therefore, without examining the grounds of appeal, the part of the judgment below against the Defendants

B. The case is reversed and remanded to the court below for a new trial and determination.

It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Jong-hee

Justices Park Sang-hoon

Justices Kim Jae-tae

Justices Park Sang-ok