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

Judgment ex officio is made.

The lower court upheld the first instance judgment that convicted the Defendant by applying Articles 3(1), 2(1)1 and 260(1) of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act to the facts charged in the instant case.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part concerning “a person who commits a crime under Article 260(1) of the Criminal Act by carrying a deadly weapon or other dangerous object” under Article 3(1) of the Punishment of Violences Act applied by the court below (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015). Accordingly, the above legal provision was retroactively invalidated under 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 defendant's case prosecuted by applying the pertinent provision is not a crime, and thus the judgment of the court below which found the defendant guilty of the facts charged of 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