The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. According to the progress records of the case, the following facts are acknowledged. A.

On May 3, 2012, the Changwon District Court sentenced the defendant to imprisonment with prison labor for 8 months, suspended sentence 2 years, probation, and community service 120 hours, due to a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.).

On June 29, 2012, the Defendant appealed on the ground of unfair sentencing, and the appellate court reversed the judgment of the lower court ex officio and sentenced the Defendant to a judgment subject to a retrial on the ground that the lower court erred by misapprehending the legal principles (a repeated crime, which was a repeated crime and was sentenced to suspended execution) was committed, and sentenced to imprisonment for August, year of suspended execution, two years of probation, probation, community service, and 120 hours (the same sentence as the lower court was imposed on the principle of prohibition of disadvantageous change

On July 7, 2012, the judgment subject to a retrial became final and conclusive.

B. On September 24, 2015, the Constitutional Court rendered a decision that Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014; Act No. 12896, Dec. 30, 2014; and Article 260(1), 283(1), and 366 of the Criminal Act on “a person who committed a crime under Article 260(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles with him/her is in violation of the Constitution; thereby, the part of the said legal provision is retroactively invalidated pursuant to Article 47(3) of the Constitutional Court Act.

C. The Defendant filed for the instant retrial on the ground that the above Constitutional Court’s decision of unconstitutionality was rendered.

On May 29, 2020, this Court rendered a decision to commence a new trial on the part of the defendant among the original judgment on the grounds that there are grounds for retrial stipulated in Article 47(4) of the Constitutional Court Act regarding a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the original judgment.

2. The summary of the grounds for appeal (e.g., both penalties) by the lower court is the penalty against the Defendant.