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

1. Examining the Prosecutor’s grounds of appeal in light of the record, and the reasoning of the lower judgment, the lower court was justifiable to have acquitted the Defendant on the ground that there was no evidence of crime regarding the act of inflicting dangerous personal injury among the facts charged in the instant case, on the grounds stated in its reasoning, and did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the

2. Ex officio, the lower court convicted him/her of the charges of assaulting carrying dangerous articles included in the above charges by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. 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 him/her is in violation of the Constitution" under Article 3 (1) of the Punishment of Violences, etc. Act (see Constitutional Court Decision 2014Hun-Ba154, 398 (Merger), 2015Hun-Ga3, 9, 2015Hun-Ga3, 9, 2015Hun-Ga14, 2015Hun-Ga14, 20, 2015Hun-Ga18, 25, 205Hun-Ga18, and 25 (Merger) of the Punishment of Violences, etc. Act) is retroactively invalidated 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 Violence, etc. by carrying dangerous articles (collectively weapons, etc.) shall be reversed, and the above part shall be convicted.