1. The offense of violation of the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) and the F in the judgment of the court below.

1. Case progress

A. On October 14, 2014, the lower court convicted the Defendant of all the criminal facts, such as violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) against the Defendant, and sentenced the Defendant to two years, etc., and appealed against the lower judgment.

B. On March 18, 2015, the appellate court reversed the judgment of the court below on March 18, 2015, and sentenced the defendant not guilty of the violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.), violation of the Punishment of Violences, etc. (a collective crime, a deadly weapon, etc.), violation of the Punishment of Violences, etc. (a violation of the Act on the Punishment of Violences, etc. (a collective crime, a deadly weapon, etc.) against F, violation of the Control of Firearms, Swords, Explosives, etc. Act (hereinafter “the guilty part of the judgment in the retrial”), and violation

(Judgment of review).

As to the aforementioned conviction portion, each of the Defendant appealed against the aforementioned acquittal portion, but the Supreme Court dismissed all of the Defendant and the Prosecutor’s appeals on May 28, 2015 (see Supreme Court Decision 2015Do4408, May 28, 2015). The judgment subject to a retrial became final and conclusive.

On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on Article 3(1) of the Punishment of Violences, etc. Act regarding “a person who commits a crime under Article 260(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles,” etc.

E. On October 22, 2015, the Defendant requested a retrial against a judgment subject to a retrial. On October 30, 2015, this Court rendered a decision to commence a retrial on the grounds that there was a ground for retrial under the main text of Article 47(3) and (4) of the Constitutional Court Act as to the conviction among the judgment subject to a retrial. The said decision became final and conclusive.

2. The adjudication and scope of examination of this court; and

(a) Reopening of procedure is recognized only for the benefit of the defendant in respect of the final judgment of conviction;