(영문) 대법원 2015.11.26. 선고 2015도15284 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 to the facts charged in the instant case.

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 articles, after the judgment of the court below was rendered (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015). The provision of the above Act retroactively loses its effect pursuant to the main sentence of Article 47 (3) of the Constitutional Court Act. The judgment of unconstitutionality loses its effect. The light that the penal Act or the provision of the law retroactively becomes void due to the decision of unconstitutionality.

The judgment of the court below which found the defendant guilty of this part of the facts charged was no longer maintained, since the defendant's case prosecuted by applying the pertinent provision of law was not a crime. Therefore, without examining 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 on the bench.