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

Judgment on the grounds of appeal shall be made ex officio.

The court below convicted the charged facts of this case by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality as to Article 3(1) of the Punishment of Violences, etc. Act regarding "a person who commits a crime under Article 366 of the Criminal Act by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles (see, e.g., Constitutional Court Decision 2014Hun-Ba154, Sept. 24, 2015). Accordingly, the legal provision of this Act retroactively loses its effect pursuant to Article 47(3) of the Constitutional Court Act.

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the facts charged charged by applying the pertinent provision are not a crime, and thus the judgment of the court below which found the Defendant guilty of the facts charged in this case cannot be maintained any more.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices