(영문) 대법원 2015.12.23. 선고 2015도15743 판결

The lower court upheld the first instance judgment that convicted the Defendant by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act with respect to intimidation to carry dangerous goods among the facts charged in the instant case.

On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on the part concerning "a person who committed a crime under Article 283 (1) of the Criminal Act by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015)" (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015). Accordingly, Article 47 (3) of the Constitutional Court Act retroactively lost its effect. A decision of unconstitutionality, which

The judgment of the court below which found the defendant guilty of this part of the facts charged was no longer maintained, since the defendant's case which was prosecuted by applying the pertinent provision of law was not a crime.

On the other hand, the first instance court, which maintained by the court below, rendered a single sentence by deeming that the above facts charged and the remaining conviction are concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the entire judgment of the court below should be reversed.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.