(영문) 대법원 2015.11.12. 선고 2015도14116 판결

The lower court convicted him by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act with regard to the act of assaulting by carrying dangerous articles among the facts charged of the instant case.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part concerning "a person who commits a crime under Articles 260 (1), 283 (1), and 366 of the Criminal Act by carrying a deadly weapon or other dangerous articles with him/her," and thereby rendered a decision of unconstitutionality on the part concerning "the person who commits a crime under Articles 260 (1), 283 (1), and 366 of the Punishment of Violences, etc. Act (the Constitutional Court Decision 2015, Sep. 24, 2015, 2014Hun-Ba154, 39, 2015, 2015Hun-Ga14, 2015, 18, 25Hun-Ga18, 200, and 25 (Joint) of the Act)" (Article 47 (3) of the Constitutional Court Act). Accordingly, the court below's judgment that found the above case to be retroactively null and void as a crime under this part of this Act.

Therefore, the part of the judgment of the court below regarding the violation of the Punishment of Violences, etc. Act shall be reversed. The court below held that this part and the remaining criminal facts constitute concurrent crimes under the former part of Article 37 of the Criminal Act, and rendered a single sentence. Accordingly, the judgment of the court below shall be reversed in its entirety. Therefore, without examining the grounds of appeal, the judgment of the court below shall be reversed, and the case shall be remanded to the court below for a new trial and determination