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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
A seized knife.
Reasons
1. Progress of litigation;
A. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to confiscation under one year of imprisonment and No. 1 of the seized evidence.
B. The Defendant appealed against the lower judgment on the grounds that the sentencing was unfair, and the court below accepted the Defendant’s appeal and reversed the lower judgment, and sentenced the Defendant to the forfeiture of 10 months of imprisonment and of No. 1 of the evidence seized.
(c)
The Defendant filed a final appeal against the judgment of the court of first instance on the grounds of the violation of the principle of balance of punishment and the principle of accountability. The court of final appeal reversed the judgment of the court of first instance on the ground that “A person who committed a crime under Article 283(1) (Intimidation) of the Criminal Act with a deadly weapon or other dangerous object carried a deadly weapon or other dangerous object and committed a crime under Article 283(1) (Intimidation) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016)” in Article 3(1) of the former Punishment of Violences, etc. Act, which was applied by the Constitutional Court before remanding on September 24, 2015, the aforementioned legal provision retroactively loses its effect pursuant to Article 47(3) of the Constitutional Court Act, and the facts charged by applying the law, which became retroactively null and void due to the decision of unconstitutionality, was remanded to the court of first instance on the grounds that it cannot be affirmed before remand.”
2. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment, etc.) is too unreasonable.
3. Prior to the judgment on the grounds for appeal by authority, prior to the judgment on the grounds for appeal by authority, the prosecutor shall examine the name of the instant crime in the trial of the relevant party as “special intimidation” from “violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)”, and Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283 of the Criminal Act.