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

Judgment ex officio is made.

1. Article 2(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) provides that “A person who habitually commits any of the following crimes shall be punished in accordance with the following classifications:

Article 2(1) of the Punishment of Violence, etc. Act (amended by Act No. 13718, Jan. 6, 2016) provides that “The Act on the Punishment of Violences, etc. (amended by Act No. 13718, Jan. 6, 2016) lists violent crimes prescribed by the Criminal Act, and stipulates the statutory penalty accordingly, but did not have any transitional provisions separately

As such, the purpose of deletion of Article 2(1) of the former Punishment of Violences Act, which provides for aggravated constituent elements for violent crimes under the Criminal Act, is to be deemed as anti-sexual action from the fact that the previous penal provisions that uniformly punish the relevant crime is unfair, even though the general risk of the habition of violence, which is an element of the aggravated constituent element, is so diverse that the circumstances leading up to the individual crime, the specific form of act, and the degree of infringement of legal interests, etc. are considered.

Therefore, this constitutes “when an act does not constitute a crime due to the amendment of the law after the crime or the punishment is light compared to the former law” under Article 1(2) of the Criminal Act, and thus, the new law ought to be applied in accordance with the said provision (see Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, Jul. 11, 2013; 2013Do101, Jul. 11, 2013). 2. Of the facts charged in the instant case, the lower court upheld the first instance judgment that convicted the Defendant of habitually inflicting an injury on the victim by applying Article 2(1)3 of the former Punishment of Violences Act, Article 257(1) of the Criminal Act.

According to the above legal principles, the above part of the facts charged can be applied to the former Punishment of Violence Act, a corporation at the time of an act pursuant to Article 1(2) of the Criminal Act.