The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Progression of litigation and scope of adjudication of this court;

A. The lower court found the Defendant guilty of all the charges of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) and sentenced the Defendant to one year of suspended execution, two years of suspended execution, and one hundred and twenty hours of community service.

B. As to the judgment below, the Defendant appealed on the ground of mistake and misapprehension of the legal principles as to the part of the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) and the sentencing as a whole, and the judgment prior to the return was dismissed.

(c)

The Defendant filed an appeal against the judgment of the court prior to remand on the grounds of misunderstanding of the facts and misunderstanding of legal principles as to the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.).

(d)

With respect to the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), the Supreme Court rendered a judgment of unconstitutionality as to the part of Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply) that “a person who committed a crime under Article 283(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles,” and thereby, the above provision of the law becomes retroactively null and void pursuant to the main sentence of Article 47(3) of the Constitutional Court Act. Thus, the judgment of the court below which found him guilty of the charge of violation of the Act on the Punishment of Violences, etc. (Intimidation such as a deadly weapon, etc., which was charged by applying the above provision on the ground that it cannot be maintained, reversed ex officio the part of the judgment of the court of first instance prior to remand and remanded the remaining part of the judgment.

E. Ultimately, according to the purport of the judgment of remand, the entire judgment of the court below constitutes the scope of the judgment of this court.

2. Summary of grounds for appeal;

(a) mistake of fact;