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The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
Reasons
Judgment ex officio is made.
1. In a case where the evaluation of the past acts committed as a crime has changed depending on the changes in the legal ideology that served as the reason for the enactment of penal statutes, and the punishment itself was recognized and punished as a crime, or where the Acts and subordinate statutes were amended or amended based on reflective consideration that the punishment was excessive, the new law ought to be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decision 2013Do4862, 2013 Jeondo101, Jul. 11, 2013). Of the facts charged in the instant case, the lower court convicted the Defendant of the violation of Article 2(2) and (1)2 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) and Article 1(2) of the former Punishment of Violences Act (amended by Act No. 13716, Mar. 16, 2016>
B. Article 2(2) of the former Punishment of Violences Act provides that where two or more persons jointly commit a crime under Article 324 of the former Criminal Act, the punishment against the crime shall be aggravated by up to one half of the punishment stipulated in the pertinent provisions of the former Criminal Act.
In this regard, Article 324 of the former Criminal Code provides that a person who interferes with the exercise of rights by violence or intimidation or causes another person to do an unobligatory act shall be punished by imprisonment for not more than five years.
Article 324(1) of the Criminal Act (amended by Act No. 13719, Jan. 6, 2016; effective on the same day) which was enforced after the judgment of the court below was rendered, provides that “any person who interferes with the exercise of another’s rights by violence or intimidation or causes another person to perform an unobligatory act shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won.
“A fine was added as a statutory penalty by stipulating that it is “.”
This is the previous one that the form and motive of coercion should be punished by imprisonment even with prison labor for minor coercion.