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

Judgment ex officio is made.

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. 12896, Dec. 30, 2014; hereinafter “former Punishment of Violences Act”) and Article 283(1) of the Criminal Act.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part of Article 3(1) of the former Punishment of Violences Act 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 object with him/her (the Constitutional Court rendered a decision of unconstitutionality on September 24, 2015, 2014Hun-Ba154, 398 (Joint), 2015Hun-Ba3, 9, 21 (Joint), 2015Hun-Ga14 (Joint), 2015Hun-Ga14 (Joint), 2015Hun-Ga18, 20, and 25 (Joint)) of the former Punishment of Violences Act, which was applied by the court below (the Constitutional Court rendered a decision of unconstitutionality, which retroactively loses its effect pursuant to Article 47(3) of the Act

In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the Defendant’s case indicted by applying the pertinent provision constitutes a crime (see, e.g., Supreme Court Decisions 91Do2825, May 8, 1992; 2005Do8317, Jun. 28, 2007) and thus, the lower judgment convicting the Defendant of the instant facts charged became unable to be maintained any more.

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