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

Before determining the grounds of appeal, we examine it ex officio.

The lower court upheld the first instance judgment that convicted 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 “former Punishment of Violences Act”) and Article 283(1) of the Criminal Act.

On September 24, 2015, the Constitutional Court rendered a decision that “The part concerning a person who commits a crime under Article 283(1)(Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous articles under Article 3(1) of the former Punishment of Violences Act (hereinafter “instant provision”) shall be unconstitutional.”

Therefore, the instant provision constitutes a case where the instant facts charged, which was indicted by applying the instant provision, becomes invalid retroactively pursuant to the main sentence of Article 47(3) of the Constitutional Court Act due to the said unconstitutional decision, constitutes a crime (see, e.g., Supreme Court Decisions 2004Do9037, Apr. 15, 2005; 2014Do5433, Aug. 28, 2014). As such, the lower judgment convicting the instant facts charged, which became impossible to maintain as it is.

Therefore, without further proceeding to decide on the grounds of appeal, 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.