The judgment below is reversed, and the case is remanded to the Gwangju High Court.

The Prosecutor's grounds of appeal are examined.

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 articles among the facts charged in the instant case (hereinafter “Assault Punishment Act”).

However, the Constitutional Court rendered a decision of unconstitutionality on the part concerning “a person who commits a crime under Article 283(1) (Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous object” under Article 3(1) of the Punishment of Violences Act applied by the lower court after the judgment was rendered (see, e.g., Constitutional Court Order 2014Hun-Ba154, Sept. 24, 2015). As such, the legal provision was retroactively invalidated pursuant to the main sentence of Article 47(3) of the Constitutional Court Act.

In a case where the penal law or the 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is not a crime, and the judgment of the court below which found the guilty of this part of the facts charged was no longer maintained.

Therefore, the part of the judgment of the court below regarding the defendant's violation of the Punishment of Violences Act (collectively weapons, etc.) should be reversed. Since the above part and the remaining part are concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence were imposed on the defendant, the judgment below should be reversed in its entirety

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.