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

Judgment ex officio is made.

1. A. The statutoryism requires that crimes and penalties be prescribed by law in order to protect individuals’ freedom and rights from the arbitrary exercise of the State’s penal authority.

In light of such purport, the interpretation of penal law shall be strict, and it is not permitted to interpret the meaning of penal law excessively or analogically in the direction unfavorable to the defendant (see, e.g., Supreme Court Decisions 201Do725, Aug. 25, 201; 2012Do4230, Nov. 28, 2013). However, the Constitutional Court ruled that the provision on partial aggravated punishment of the Act on the Aggravated Punishment, etc. of Specific Crimes is unconstitutional on the grounds that it violates the basic principles of the Constitution and violates the principle of equality (see, e.g., Supreme Court Decision 201Do165, Sept. 14, 2015; 201Do4166, Mar. 16, 206).