A defendant shall be punished by imprisonment for four years.

Case progress and scope of this Court's inquiry

1. The Defendant, who became final and conclusive in the judgment subject to a retrial, was indicted for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) and was sentenced to imprisonment with prison labor for the Defendant on December 12, 2013, by recognizing that all the charges charged against the Defendant were convicted (hereinafter “the judgment subject to a retrial”). While the Defendant appealed for a judgment subject to a retrial with Seoul High Court 2014 No. 5, the appellate court rendered a final and conclusive judgment dismissing the appeal on May 14, 2014, on the grounds that the Defendant filed an appeal with the Supreme Court Decision 2014Do6649 on July 14, 2014, the final and conclusive judgment became final and conclusive upon receiving a decision to dismiss the appeal on July 14, 2014.

2. On May 30, 2016, the Defendant filed a request for a retrial against the original judgment. On July 6, 2016, the lower court rendered a decision to commence a retrial on the grounds that, on the grounds that only the assault against the carrying of dangerous goods among the instant facts charged, the grounds for retrial are recognized, but the lower court found that the instant judgment was guilty of the assault against the carrying of dangerous goods and the crime of intrusion into residence and intimidation with the purpose of retaliation and sentenced to one sentence. The said decision to commence a retrial became final and conclusive.

3. In an indivisible final and conclusive judgment convicting several criminal facts in the relationship of concurrent crimes within the scope of the judgment of this court, where it is deemed that there exist grounds for the request for retrial only for a part of the facts constituting a crime, the decision to commence retrial has to be made on the whole of the judgments, since one sentence is formally imposed. However, with respect to the facts constituting a crime for which there is no ground for retrial under the nature of the system of retrial, which is an emergency remedy, the effect of the decision to commence retrial is to include that part in the judgment formally