All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

One seized knife ( Busan District Public Prosecutor's Office.

1. Case progress

A. On September 18, 2014, the lower court sentenced to imprisonment for two years and six months, confiscation, and collection due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) and a violation of the Narcotics Control Act (a violation of the Act on the Control of Narcotics, etc.). The lower court sentenced to imprisonment for eight months and additional collection due to a violation of the Narcotics Control Act (a violation of the Act on the Control of Narcotics, etc.).

On the other hand, the Defendant appealed against the judgment of the court of first instance on the ground that the judgment of the court of second instance was unfair on the ground that the sentencing was unfair.

B. On January 9, 2015, Busan District Court, the appellate court, reversed all the lower judgment and sentenced the Defendant to two years and six months of imprisonment, confiscation, and collection (hereinafter “instant judgment subject to a retrial”).

Accordingly, the Defendant appealed on January 9, 2015, but was dismissed, and the judgment subject to a retrial became final and conclusive on March 13, 2015.

(c)

On September 24, 2015, the Constitutional Court rendered a decision that Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 1544, Sep. 24, 2015) on “a person who commits a crime under Article 283(1)(Intimidation) by carrying a deadly weapon or other dangerous articles,” is in violation of the Constitution.

(d)

On January 15, 2016, the Defendant requested the instant retrial. On February 4, 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. The decision to commence the retrial became final and conclusive as it is with the filing period of appeal.

2. The summary of the reasons for appeal (No. 1: Imprisonment with prison labor for 2 years and 6 months, and imprisonment for 2 months) of the judgment of the court below is too unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant's ex officio, this Court decided to hold a joint hearing of each appeal case against the judgment below. In addition, after the prosecutor started a new trial, "Violation of the Punishment of Violences, etc. Act (collectively weapon, etc.)" among the names of the crimes in the trial after the commencement of the new trial is considered as "special intimidation."