The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. Before determining the grounds for appeal ex officio, 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 among the facts charged in the instant case.

However, on September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on the part concerning “a person who commits a crime under Article 283(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles” (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015) applied by the lower court on September 24, 2015 (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015). Accordingly,

In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case prosecuted by applying the pertinent provision constitutes a crime (see Supreme Court Decision 2005Do8317, Jun. 28, 2007) and thus, the judgment of the court below convicting this part of the facts charged was no longer maintained.

Therefore, the part of the judgment of the court below regarding the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) should be reversed, which is the relation of concurrent crimes with the remaining crimes which the court below found guilty and Article 37 of the Criminal Act

However, there is only a penal provision under Articles 284 and 283(1) of the Criminal Act concerning the above charged facts, and the purport of the decision of the Constitutional Court above is that "a person who commits a crime under Article 283(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles with him/her" in Article 3(1) of the above Act is the same as Article 284 and Article 283(1) of the above Criminal Act without any aggravated constituent element.