The judgment below is reversed, and the case is remanded to Daejeon 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 Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act to the facts charged in the instant case.

However, the Constitutional Court rendered a decision of unconstitutionality on the part concerning “a person who commits a crime under Article 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 Act applied by the lower court after the judgment was rendered (see, e.g., Constitutional Court Order 2014Hun-Ba154, Sept. 24, 2015). As such, the legal provision was retroactively invalidated pursuant to the main sentence of Article 47(3) of the Constitutional Court 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 prosecuted by applying the pertinent provision is not a crime, and the judgment of the court below which found the guilty of this part of the facts charged was no longer maintained.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices