The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.

ex officio deemed.

The lower court found the Defendant guilty on the charges of this case by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part of Article 3(1) of the Punishment of Violences, etc. Act regarding "a person who commits a crime under Articles 260(1), 283(1), and 366 of the Criminal Act by carrying a deadly weapon or other dangerous articles with him/her [the Constitutional Court Decision 2014Hun-Ba154, 398, 2015Hun-Ba3, 9, 2015Hun-Ga14, 2015, 2015Hun-Ga18, 200, 205Hun-Ga14, 200, and 25(combined)] of the Act on Punishment of Violences, etc. applied by the court below (the Constitutional Court Decision 2014Hun-Ba154, 398, 2015, 205Hun-Ga14, 2025(Consolidated)].

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case prosecuted by applying the pertinent provision is not a crime, and thus, the judgment of the court below which convicted the defendant of the facts charged in this case becomes impossible to maintain any more.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices