The judgment below is reversed, and the case is remanded to Busan District Court Panel Division.

Before determining the grounds of appeal, we examine it ex officio.

Of the facts charged in the instant case, 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 around May 27, 2015.

On September 24, 2015, the Constitutional Court rendered a decision that “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 under Article 3(1) of the Punishment of Violences Act (hereinafter “instant provision”) shall be unconstitutional.”

Therefore, the judgment below convicting the Defendant of this part of the facts charged becomes unable to maintain as it is, inasmuch as the instant provision constitutes a crime of intimidation, among the facts charged in the instant case that was indicted by applying the instant provision, by retroactively losing its validity pursuant to the main sentence of Article 47(3) of the Constitutional Court Act upon the foregoing unconstitutional decision (see, e.g., Supreme Court Decisions 2004Do9037, Apr. 15, 2005; 2014Do5433, Aug. 28, 2014).

Accordingly, the part of the judgment of the court below against the Punishment of Violences Act should be reversed. Since the above crime and the remaining crime of the defendant should be imposed on one of the concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be reversed in its entirety.

Therefore, without further proceeding to decide on the grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.