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

Judgment ex officio is made.

1. Article 2(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) provides that “A person who habitually commits any of the following crimes shall be punished in accordance with the following classifications:

Article 2(1) of the Punishment of Violence, etc. Act (amended by Act No. 13718, Jan. 6, 2016) provides that “The Act on the Punishment of Violences, etc. (amended by Act No. 13718, Jan. 6, 2016) lists violent crimes prescribed by the Criminal Act, and stipulates the statutory penalty accordingly, but did not have any transitional provisions separately

The purpose of deletion of Article 2(1) of the former Punishment of Violence Act, which provides for an aggravated constituent element of violent crimes as prescribed by the Criminal Act, is to be deemed as an anti-sexual measure derived from the fact that the previous measure, which uniformly punishs aggravated punishment, is unfair, even though considering the general risk of the habition of an act of violence, which covers the crimes listed in each subparagraph of the same paragraph, as a sign of the aggravated constituent element, even though the circumstances leading up to the individual crime, specific form of act, and the degree of infringement of legal interests, are so diverse that the previous

Therefore, this constitutes “when the act does not constitute a crime due to the amendment of the law after the crime or the punishment is light compared to the former law” under Article 1(2) of the Criminal Act, and thus, the new law should be applied in accordance with the said provision (see Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, Jul. 11, 2013; 2013Do101, Jul. 2, 2013, etc.). 2. The lower court upheld the first instance judgment convicting the Defendant of this case by applying Article 2(1)1 of the former Punishment of Violences Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act.

Accordingly, according to the above legal principles, the facts charged of this case is stipulated in the former Punishment of Violences Act, a corporation at the time of action pursuant to Article 1(2) of the Criminal Act.