The judgment of the court below is reversed.

Defendant

A person who applies for a medical care and custody shall be punished by imprisonment with prison labor for not less than two years and six months.

2. A seized knives.

1. According to the progress records of the case, the following facts can be acknowledged.

Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) applies to the crimes of violation of the Punishment of Violences, etc. Act (hereinafter “crimes, deadly weapons, etc.”) against Defendant and the person requesting the treatment and custody (hereinafter “Defendant”) on October 10, 2014; violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the driver’s assault, etc.); violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the driver’s assault, etc.); obstruction of duties; intimidation; intrusion upon residence; and damage to property; and violation of the Punishment of Violences, etc. Act (the Act on the Punishment of Violences, etc.). In addition, Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) applies to the Defendant

Based on the judgment of the court below, the defendant was sentenced to three years and six months of imprisonment, confiscation, and custody for the defendant [the Seoul Northern District Court 2014 Gohap 84, 2014 Gohap 84, 2014 Gohap 109, 2014 Gohap 5 (Joint)]. The defendant appealed against the above judgment.

Accordingly, on February 11, 2015, the lower court rejected the Defendant’s assertion of mistake as to the facts and the unfair assertion of the disposition of medical care and custody, on the grounds that the sentencing is unfair, reversed the part of the case of the lower judgment and sentenced to two years and six months, and sentenced to forfeiture. On the other hand, the lower court dismissed the Defendant’s appeal on the part of the medical care and custody case (Seoul High Court Decision 2014No 3209, 2014 No. 62, and hereinafter “instant judgment subject to a retrial”). The Defendant appealed against the judgment subject to a retrial.

However, the Supreme Court dismissed the Defendant’s final appeal on April 23, 2015 (Supreme Court Decision 2015Do3853, 2015Do 9 (Joint)). This judgment subject to final judgment became final and conclusive as it is.

In this regard, the Constitutional Court of Korea on September 24, 2015 "The former Punishment of Violences, etc. Act" (Act No. 7883, Mar. 24, 2006).