The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. According to the progress records of the case, the following facts are acknowledged.

A. On June 19, 2015, the Defendant was sentenced to imprisonment with prison labor for two years due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the case No. 2015 Gohap 40 with the Busan District Court’s Dong Branch.

On the other hand, the defendant appealed on the ground that the punishment sentenced by the court below is too excessive and unfair.

B. On September 10, 2015, the appellate court reversed the judgment of the lower court and sentenced the Defendant to imprisonment with labor for one year and six months (hereinafter “instant judgment subject to a retrial”) and the said judgment became final and conclusive on September 18, 2015.

(c)

On October 16, 2015, the Defendant requested the instant retrial. On February 16, 2016, this Court rendered a decision to commence the retrial on the grounds that there are grounds for retrial stipulated in Article 47(4) of the Constitutional Court Act in the judgment subject to retrial.

After that, there was no legitimate filing of appeal within the appeal period, and the decision to commence the new trial became final and conclusive as it is.

2. The decision of the court below on the summary of the reasons for appeal (two years of imprisonment) is too unreasonable.

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act are “Article 258-2(1) and Article 257(1) of the Criminal Act,” among the names of the crimes against the Defendant in the trial of the political party, the “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” in the applicable law is “Special Intimidation” and “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1)3 of the Criminal Act shall be “Article 258-2(1) and Article 257(1) of the Criminal Act” in the name of the crime committed against the Defendant, and Article 3(2) of the applicable law shall be “Special Intimidation, etc. (a) of the Punishment of Violences, etc. Act, and Article 284 and Article 283(2) of the Criminal Act shall be “the Punishment of Violence, etc.” in the Act.