2015Do18167 Violation of the Punishment of Violences, etc. Act (Bodily Injury by Group, Deadly Weapons, etc.)

A

Defendant

Attorney (National Ship)

Incheon District Court Decision 2015No3004 Decided October 30, 2015

February 18, 2016

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

Judgment ex officio is made.

1. Act which was committed in the past according to the change of the legal ideology which was the basis of the enactment of penal statutes;

The evaluation has changed and recognized it as a crime, and the punishment itself has been unfair; or

section 1(2) of the Criminal Code is amended or amended in the reflective consideration that an excessive punishment has been imposed.

Pursuant to paragraph (1), new law shall be applied (Supreme Court Decision 2009Do12930 Decided March 11, 2010, Supreme Court Decision 2009Do12930, Supreme Court Decision 20

Seoul High Court Decision 2013Do4862, 2013 Jeondo101 decided July 11, 2013

2. A. The lower court: (a) brought an injury to the victim by carrying a spawn, which is an dangerous thing by the Defendant.

As to the facts charged in this case, the former Punishment of Violences, etc. Act (Act January 6, 2016)

section 3(1) of the former Punishment of Violence Act (amended by Act No. 13718; hereinafter referred to as the "former Punishment of Violences Act");

The maintenance of the judgment of the first instance which found guilty by applying Article 2(1)3 and Article 257(1) of the Criminal Act.

was made.

(b) "Organization or group or group by force or by force or by force under Article 3 (1) of the former Punishment of Violences Act";

A person who commits any of the crimes referred to in the subparagraphs of Article 2(1) by referring to the power of a group; or

Examples set forth in the subparagraphs of Article 2 (1), committed in the course of carrying a deadly weapon or any other dangerous article, shall be observed.

Any person who commits a crime under any of the following subparagraphs on a damp basis, while Article 2 (1) shall apply mutatis mutandis to the person who commits such crime:

Article 257(1) of the Criminal Act provides that "any person shall be punished in accordance with the following classification:

It stipulated that a person who commits a crime such as an injury shall be punished by imprisonment for a limited term of not less than three years.

Article 3 of the Punishment of Violences, etc. Act amended and enforced by Act No. 13718, Jan. 6, 2016

Article 258-2 in the Criminal Code amended and enforced by Act No. 13719 on the same day.

(Special Injury) A worn-out and thus referred to in paragraph (1) thereof shall be deemed to be a threat of force of an organization or a large number of people or dangerous articles.

(1) When a person commits a crime under Article 257 (1) or (2) by carrying himself/herself, he/she shall be punished for at least one year up to ten years.

I stated that “A person shall be punished in calendar.”

As such, the former Punishment of Violence defined the aggravated elements of Article 257(1) of the Criminal Act

In lieu of deletion of Article 3 (1) of the Punishment Act, a new provision of Article 258-2 (1) of the Criminal Act is established, and such statutory penalty is imposed.

The provision of Article 3(1) of the former Punishment of Violences is lower than that of Article 3(1) of the same Act.

(1) In light of the general risk of the crime, the details of the crime, and the form of specific action;

Although the degree of infringement of legal interests is very diverse, it shall be uniformly aggravated by imprisonment for not less than three years.

It shall be deemed that the previous penal provisions are too excessive and that they are anti-sexual measures from the point of view.

Since this is a matter of course, it is more severe than the old law due to the change of the law after the crime under Article 1 (2) of the Criminal Code.

‘at the time'.

Thus, the defendant's act is subject to Article 1 (2) of the Criminal Code.

In accordance with the provision of section 258-2(1) of the Criminal Code of the new corporation, it can not be punished for aggravated punishment.

Since the judgment of the court below on the premise that the provisions of the former Punishment of Violences are applied is no longer maintained.

It became impossible to do so.

3. Therefore, without examining the grounds of appeal, we reverse the judgment below and the case is remanded again.

Opinions of all participating Justices on the bench shall be remanded to the lower court for a trial and determination.

(2) It is so decided as per Disposition.

Justices Cho Jong-hee

Chief Justice shall award and award;

Justices Kim Jae-tae

Justices Park Sang-ok