The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Progress of this case

A. The Defendant was indicted of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), violation of the Punishment of Violences, etc. Act (a crime including a group, deadly weapon, etc.) and the charges of injury in the Daegu District Court. On February 15, 2013, the court below found the Defendant guilty on the entire facts charged and sentenced the Defendant to two years of imprisonment with prison labor (Seoul District Court Decision 2012 High Court Decision 2012 High Court Decision 7731, Feb. 15, 2013, 201). (b) The Defendant appealed against this judgment and appealed for unfair sentencing on the grounds of this judgment. This court reversed the first instance judgment of July 25, 2013, and sentenced the Defendant to six years of imprisonment with prison labor by deeming the Defendant guilty as a substantive concurrent crime (Article 201 of the former Punishment of Violences, etc. Act No. 11382, Jul. 25, 2013; Article 201 of the former Punishment of Violences Act No. 36.

The judgment subject to a retrial became final and conclusive on August 2, 2013, on the wind that the defendant did not appeal.

(c)

In the case on September 24, 2015, 2014Hun-Ba154, 398, 2015 Hun-Ba3,9, 14, 18, 2015 Hun-Ga3, 9, 18, 20, 21, 25 (Joint) the part concerning "a person who commits an offense under Articles 260 (1) (Assault), 283 (1) (Intimidation), and 366 (damage, etc.) of the Criminal Act by carrying a deadly weapon or other dangerous object" is in violation of the Constitution.

"" was decided by the Constitutional Court, and thereby the above legal provision was retroactively invalidated in accordance with Article 47 (3) of the Constitutional Court Act.

(d)

The Defendant is against the provision of the former Punishment of Violence Act, which is applied to the crime of assault by carrying a deadly weapon.