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

Judgment ex officio is made.

The lower court maintained the first instance judgment convicting of the Defendant by applying Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014; hereinafter the same), Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act.

However, on September 24, 2015, the Constitutional Court rendered a decision that “a person who commits a crime under Article 260(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles” under Article 3(1) of the former Punishment of Violences, etc. Act is in violation of the Constitution (the Constitutional Court Decision 2014Hun-Ba154, 398 (Merger), 2015Hun-Ga3, 9, 215Hun-Ga3, 2015, 2015Hun-Ga14, 2015, 2015Hun-Ga18, 205Hun-Ga18, 25 (Merger), and 25 (Merger)) of the same Act retroactively lost its effect pursuant to the main sentence of Article 47(3) of the Constitutional Court Act.

As such, in a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the facts charged charged by applying the pertinent legal provision are not a crime, and thus the judgment of the court below which applied the above legal provision to the act of assaulting carrying dangerous objects among the facts charged in this case cannot be maintained.

Therefore, the part of the judgment of the court below against the Punishment of Violences, etc. (collectively weapons, etc.) due to the assault by carrying dangerous articles among the judgment below should be reversed, and the above part shall be sentenced to a single punishment in relation to concurrent crimes with the remaining convicted parts. Accordingly, the judgment of the court below shall be reversed in its entirety.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.