The judgment of the court below is reversed, and the case is remanded to Suwon District Court Branch.

1. The grounds for final appeal asserted by a non-pharmaceutical appellant are erroneous in the judgment of the court below on the grounds of unfair sentencing, but this does not constitute a legitimate ground for final appeal.

2. The decision shall be made ex officio;

The lower court 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 regard to intimidation to carry dangerous articles among the facts charged in the instant case.

However, on September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on the part concerning “a person who commits a crime under Article 283(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles” (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015) applied by the lower court on September 24, 2015 (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015). Accordingly,

In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the Defendant case indicted by applying the pertinent provision constitutes a crime (see, e.g., Supreme Court Decision 2005Do8317, Jun. 28, 2007) and thus, the lower court convicting this part of the facts charged was no longer maintained.

3. Therefore, the part of the judgment of the court below regarding the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) shall be reversed. Since the remaining crimes which the court below found guilty and concurrent crimes under the former part of Article 37 of the Criminal Act are concurrent crimes, the judgment of the court below shall be reversed in its entirety, and the case shall be remanded to the court below for a new trial and determination.