A defendant shall be punished by imprisonment for two years.

The progress of this case and the scope of the court's adjudication

1. Progress of this case

A. On November 7, 2013, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) (a crime of injury), and the above judgment became final and conclusive on November 15, 2013 (hereinafter “the judgment subject to a retrial”). (b) The Constitutional Court’s decision of unconstitutionality was amended by Act No. 7891, Sept. 24, 2015 (Act No. 7891, Mar. 24, 2006); Article 3(1) of the same Act (amended by Act No. 12896, Dec. 30, 2014); Article 260 (1) of the Criminal Act (a person who committed assault and other dangerous articles with a deadly weapon, etc.); and Article 3(2) of the same Act (b) of the same Act (a person who committed a violation of Article 268(14) of the Criminal Act).

(c)

On December 22, 2017, the Defendant decided to commence the instant retrial. On January 23, 2018, this Court rendered a decision to re-examine the entire judgment subject to retrial on the grounds that there was a cause of re-examination as stipulated in Article 47(4) and (3) of the Constitutional Court Act in the judgment subject to retrial, and thereafter, the decision to commence the instant retrial became final and conclusive.

2. In a final and conclusive judgment which acknowledges the conviction of several concurrent crimes in the relationship of the scope of trial by this court, where it is deemed that there are grounds for request for retrial only for a part of the facts constituting an indivisible crime, the judgment with respect to which one sentence is pronounced formally shall be rendered, and the commencement of retrial shall be decided as to the whole of the judgment.