The judgment below

The part against the defendant shall be reversed, and this part of the case shall be decided by the Seoul Central District Court.

Judgment ex officio is made.

1. In a case where the evaluation of the past acts committed as a crime has changed depending on the changes in the ideology of the penal law, which served as the reason for the enactment of the penal law, and thus, such evaluation has been recognized and punished as a crime itself, or where the Acts and subordinate statutes have been amended or amended in light of reflective considerations that excessive punishment has been imposed, the new law shall be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, 2013, Jul. 11, 2013; 2013Do101, Jul. 2, 2011), the court below affirmed the judgment of the court below that convicted the instant facts charged by applying Articles 3(1) and 3(2)3(1), 5(1), and 101(2) of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016, hereinafter referred to “former Punishment Act”).

3. Article 3(1) of the former Punishment of Violences Act provides that “Any person who commits a crime under any of the subparagraphs of Article 2(1) by force of an organization or a group, or by showing a power under the pretending to an organization or a group, or who commits a crime by carrying with himself a deadly weapon or other dangerous articles, shall be punished in accordance with any of the subparagraphs of Article 2(1).” Article 2(1) of the former Punishment of Violences provides that “any person who habitually commits any of the following offenses shall be punished in accordance with the following classifications.” Article 2(1) of the same Act provides that “Any person who habitually commits any of the following offenses shall be punished in accordance with Article 257(1) of the Criminal Act and Article 257(2) of the Criminal Act shall be punished by imprisonment with prison labor for not less than three years:

In that sense, Article 3(1) of the Punishment of Violences, etc. Act, which was amended by Act No. 13718 on January 6, 2016, was deleted, and Article 258-2 (special injury) of the Criminal Act, which was enforced by Act No. 13719 on the same day, was newly established, and Article 258-1 (1) or (2) of the Act, committed the crime of Article 257(1) or (2).