2015Do14588 A. Violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.)

(b) Injury;

(c) Interference with business;

A

Defendant

Chuncheon District Court Decision 2015No373 Decided September 2, 2015

March 24, 2016

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

We examine the grounds of appeal.

Of the facts charged in the instant case, the lower court: (a) as to the act of violence, etc. against carrying dangerous articles

Articles 3(1) and 2(1)1 of the Punishment Act, and Article 260(1) of the Criminal Act shall apply;

The crime was sentenced.

Article 3(1) of the Punishment of Violences, etc. Act on September 24, 2015

A person who commits a crime under Article 260 (1) of the Criminal Act by carrying a deadly weapon or other dangerous articles.

Since the Court rendered a decision that the portion related to "person" is in violation of the Constitution, the Court rendered a decision on September 2015.

24. 2014Hun-Ba154,398 (Consolidation), 2015Hun-Ga3, 9, 21 (Consolidation), 2015Hun-Ga14 (Consolidation), 2015Hun-Ga, 2015Hun-Ga

A18,20,25 (Joint Decisions) and the main sentence of Article 47(3) of the Constitutional Court Act

The validity was retroactively invalidated.

As such, the law or legal provision on punishment is retroactively effective due to the decision of unconstitutionality.

In case of loss of power, the facts charged charged by applying the relevant provision of this Act shall not be a crime.

As to the act of assaulting carrying dangerous articles among the facts charged in the instant case

The judgment of the court below that applied the provision to the case has become unable to be maintained as it is.

Therefore, Act on Punishment of Violence, etc. due to Violence by Carrying Dangerous Articles among the judgment below

The part of the violation (such as group, deadly weapon, etc.) shall be reversed, and the above part shall be found guilty.

Since the court below should pronounce a single punishment in relation to the relation of a group of concurrent crimes, the court below's judgment is eventually erroneous.

All shall be subject to reversal.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment below is reversed, and the case is reversed.

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 Justices.

It is decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-deok

Justices Lee In-bok

Justices Kim Gin-young

Chief Justice Lee Dong-won