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The judgment of the court below is reversed, and the case is remanded to the Ulsan District Court Panel Division.
Reasons
Judgment ex officio is made.
1. In a case where the evaluation of the past acts committed as a crime has changed depending on the changes in the legal ideology, which served as the reason for the enactment of penal statutes, and thus, the evaluation has been recognized and punished as a crime itself, or where the Acts and subordinate statutes were amended or amended in light of anti-discrimination that excessive punishment has been imposed, the new law shall be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, 2013, Jul. 11, 2013). On February 2, 19, 2013, the lower court: (a) as to the facts of the instant case, in which the Defendant carried a knife, which is a dangerous thing and inflicted an injury on the victim, the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016).
B. The lower court affirmed the first instance judgment that found Defendant guilty by applying Articles 3(1) and 2(1)3 of the former Punishment of Violences Act and Article 257(1) of the Criminal Act.
(b) A person who commits a crime under any of the subparagraphs of Article 2 (1) by force, or showing a power under the pretending to an organization or group, under Article 3 (1) of the former Punishment of Violences Act, or who commits a crime by carrying a deadly weapon or other dangerous articles with him/her, shall be punished in accordance with any of the subparagraphs of Article 2 (1).
A person who habitually commits any of the following crimes shall be punished in accordance with Article 2 (1) and Article 2 (1):
Article 257(1)(injury) of the Criminal Act provides that a person who commits a crime under subparagraph 3 thereof shall be punished by imprisonment for a limited term of not less than three years.
In that sense, Article 3(1) of the Punishment of Violences, etc. Act, which was amended by Act No. 13718 on January 6, 2016, was deleted, and Article 258-2 (Special Bodily Injury) of the Criminal Act, which was amended by Act No. 13719 on the same day, was newly established, and Article 258-1 or 2 of the Act is deemed to have been amended.