The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not see that he attempted to see the head of the victim D, or attempted to do so by leading the victim to the scam.

Although the defendant got the World Cup, the court below found the defendant guilty of violating the Punishment of Violences, etc. Act (Assaults, deadly weapons, etc.) and the Punishment of Violences, etc. Act (Intimidations, etc., such as group, deadly weapons, etc.) among the facts charged in the instant case, since it was merely a rupture dispute with D and did not aim at facing the victim E.

B. The punishment of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 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) and 283(1)(Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous object” under Article 3(1) of the Punishment of Violences, etc. Act applied by the court below (see, e.g., Constitutional Court Order 2014Hun-Ba154, Sept. 24, 2015). As such, the part of the above legal provision retroactively loses its effect pursuant to the main sentence of Article 47(3) of the Constitutional Court Act.

The judgment of the court below can no longer be maintained due to the above unconstitutional decision.

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake of facts is still subject to the judgment of this court.

B. The following facts are acknowledged according to the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts.

(1) A victim D had a fact from an investigative agency to the court of the court of the court below that the defendant tried to wear a shoulderer's disease towards himself/herself and to see his/her head.

Detailed statement was made in the situation at the time of damage such as statement.

(2) A victim E refers to himself/herself from an investigative agency to the court of original trial.