The punishment of the accused shall be determined by two years of imprisonment.

Seized knife 12 cm in total length, 7 cm in length, fl.m.

The progress and scope of the case

1. Progress of this case

A. On January 3, 2014, the Defendant was indicted for violating the Punishment of Violences, etc. Act (a violation of the Punishment of Violence, etc. Act (a collective weapon, etc.), and for violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Gwangju District Court on January 3, 2014, the Defendant recognized that he/she was prosecuted for both concurrent crimes subject to the application of Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014; hereinafter “former Punishment of Violences, etc.”) and Article 283(1) of the Criminal Act, and Articles 3(1) and 283(1) of the Criminal Act and Articles 1 and 36 of the former Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act).

(Re-deliberation Decision) The Defendant appealed with the Gwangju District Court 2014No83, but was sentenced to the dismissal of appeal on March 26, 2014, and again appealed with the Supreme Court 2014Do4148, which was final and conclusive on April 23, 2014, and the judgment subject to a retrial became final and conclusive on April 23, 2014, by withdrawing an appeal.

B. On September 24, 2015, the Constitutional Court rendered a decision that “any person who commits a crime under Articles 260(1), 283(1), and 366 of the Criminal Act by carrying with him/her a deadly weapon or other dangerous object” in Article 3(1) of the former Punishment of Violences Act shall be deemed unconstitutional, and thus, the said legal provision shall retroactively lose its effect in accordance with Article 47(3) of the Constitutional Court Act.

C. As to the Defendant’s threat of carrying a deadly weapon in the judgment subject to a retrial, and the damage to the property carrying a deadly weapon.