2015Do1920 Violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.)

A

Defendant

Attorney L (Korean National Ship)

Chuncheon District Court Decision 2015No552 Decided November 26, 2015

February 18, 2016

The judgment of the court below is reversed, and the case is remanded to the Gangnam Branch Branch Court Panel Division.

1. The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the record, the lower court, based on its reasoning.

It is just to reject the argument of the person as to the mental disorder, and it is so decided as otherwise alleged in the grounds of appeal.

There is no error in the misapprehension of legal principles as to a new disability.

2. The decision shall be made ex officio;

In accordance with the change of the legal ideology which was the basis of the enactment of penal statutes, the act committed as a crime in the past;

that evaluation has changed and recognized it as a crime and has been punished in itself; or

Article 1(2) of the Criminal Act where statutes have been amended or amended in light of anti-sexual records that excessive punishment has been imposed.

Pursuant to the foregoing, new law shall apply (Supreme Court Decisions 2009Do12930 Decided March 11, 2010; 2009Do12930 Decided March 11, 201

See Supreme Court Decision 2013Do4862, 2013 Jeondo101 Decided July 11, 2013, etc.

According to the reasoning of the judgment of the court below, the court below held that the defendant carried Macer's dangerous articles by carrying them.

Punishment of the former Punishment of Violence, etc. as to the facts charged of the instant case where the injury was inflicted on the perpetrator.

Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter referred to as "former Punishment of Violences Act").

(1) The court below found the defendant guilty by applying Articles 3(1) and 2(1)3 of this Act and Article 257(1) of the Criminal Act.

The first instance judgment was affirmed.

Article 3 (1) of the former Punishment of Violences Act shall be construed as a power of an organization or group or an organization or group.

a person who commits any of the crimes referred to in the subparagraphs of Article 2(1) by showing the power under the disguisedly;

A person who commits a crime by carrying flags or other dangerous articles shall be punished in accordance with the subparagraphs of Article 2 (1).

A person who habitually commits any of the following crimes shall be punished in accordance with Article 2 (1) and Article 2 (1):

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

Paragraph (1) and Article 257 (2) of the Criminal Act shall be applicable to limited imprisonment for a definite term of not less than three years.

Provided, however, the punishment of violence, etc., which was amended and enforced by Act No. 13718 on January 6, 2016

Article 3(1) of the Act on the Law of the Republic of Korea is deleted, and the Criminal Code amended and enforced by Act No. 13719 on the same day.

Article 258-2 (Special Bodily Injury) is newly established and "a threat of collective or multiple force" in paragraph (1) shall show the power of collective or multiple persons.

When a person commits a crime under Article 257 (1) or (2) by carrying any dangerous or dangerous goods, he/she shall be subject to one year.

It stipulated that "A person shall be punished by imprisonment with prison labor for not more than ten years."

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

Article 258-2(1) of the Criminal Act, instead of deleting Article 3(1) of the Punishment Act, means the above elements of a crime.

Newly inserted that the statutory penalty is lower than that of Article 3(1) of the former Punishment of Violences Act, the above provision is applicable.

Even if general risk of bearing a mark of heavy constituent elements is considered, the commission of an individual crime;

Although the above is very diverse in terms of specific behavior and the degree of infringement of legal interests, it is uniform.

From the fact that the previous penal provisions are too important to punish aggravated punishment for imprisonment for a limited term of not less than three years.

Since it should be viewed as an anti-sexual measure, this should be regarded as a law after a crime under Article 1 (2) of the Criminal Code.

A punishment is more severe than that of the old law due to changes.

If so, the defendant's act of inflicting bodily injury on the victim by carrying with him an empty beer who is a dangerous thing

In accordance with Article 1(2) of the Criminal Act, the action shall be aggravated in accordance with the provisions of the former Punishment of Violences Act.

Since it is not punishable but can be punished under Article 258-2 (1) of the Criminal Code, a new corporation's act of violence.

The judgment of the court below, which is premised on the application of the above penal provisions, became no longer able to maintain.

3. Conclusion

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment below is reversed, and the case is reversed.

The case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided by the assent of all participating Justices.

It is so decided as per Disposition.

Justices Kim Jae-sik et al.

Justices Lee Sang-hoon

Justices Cho Jong-hee

Chief Justice Park Sang-ok