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The judgment of the court below is reversed, and the case is remanded to the Incheon 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 have been amended or amended in light of anti-discrimination that excessive punishment has been excessive, 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 held that the Defendant carried with the victim of a shouldered bed, which is a dangerous thing, and carried with the victim an excessive injury as a dangerous thing and carried with each of the facts charged in this case.
The court below found the Defendant guilty by applying Articles 3(1) and 2(1)3 of the former Punishment of Violence 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.
Accordingly, Article 3(1) of the Punishment of Violence, etc. Act, which was enforced by Act No. 13718 on January 6, 2016, has been deleted, and Article 258-2 (special injury) of the Criminal Act, which was enforced by Act No. 13719 on the same day, has been newly established and Article 258-1 (1) of the Act provides that "a group or multiple power is shown."