The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant does not pay the above fine.

1. According to the records of proceedings, the following facts are recognized.

A. The lower court found the Defendant guilty of violating the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), which is the facts charged, and sentenced the Defendant to eight months of imprisonment, two years of suspended execution, and confiscation.

B. As to the judgment below, the Defendant appealed on the grounds of mistake of facts, mental disorder and sentencing, and the judgment below was reversed, and the judgment of the court below was reversed, and sentenced to imprisonment for four months, suspension of execution for two years, and forfeiture.

(c)

On September 24, 2015, the Constitutional Court rendered a judgment of unconstitutionality on the part of Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014; Act No. 12896, Dec. 30, 2014; hereinafter referred to as "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). Accordingly, Article 47(3) of the same Act was retroactively invalidated pursuant to the main sentence of Article 47(3) of the Act.

Therefore, the court of final appeal reversed the judgment of the court of final appeal prior to remand ex officio on the grounds that the judgment of the court prior to remand, which found the defendant guilty of the facts charged in the instant case, by applying the provision that was sentenced to a decision of unconstitutionality, could no longer be maintained, and remanded

2. Summary of grounds for appeal;

A. The Defendant misunderstanding the facts merely cited a siren on his hand, and did not see it, or did not see the body of the victim E, nor did the victim notify the victim of specific harm.

However, the judgment of the court below which found the defendant guilty of the facts charged that the defendant carried dangerous objects and threatened the victim, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The defendant has a mental disorder.