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

Judgment ex officio is made.

1. In a case where the evaluation of the past acts committed as a crime has changed depending on the changes in the legal ideology, which served as the reason for the enactment of penal statutes, and thus, the said evaluation has been recognized and punished as a crime itself, or where the Acts and subordinate statutes have been amended or amended in light of reflective considerations that excessive punishment has been imposed, the new law shall be applied in accordance with Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, 2013; Do101, Jul. 11, 2013). 2. According to the reasoning of the lower judgment, the lower court affirmed the judgment that convicted the instant facts charged by applying Articles 3(1) and 3(2)3(1)7(1) of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016).

3. Article 3(1) of the former Punishment of Violences Act provides that “Any person who commits a crime under any of the subparagraphs of Article 2(1) by force of an organization or a group, or by showing a power under the pretending to an organization or a group, or who commits a crime by carrying with himself a deadly weapon or other dangerous articles, shall be punished in accordance with any of the subparagraphs of Article 2(1).” Article 2(1) of the former Punishment of Violences provides that “any person who habitually commits any of the following offenses shall be punished in accordance with the following classifications.” Article 2(1) of the same Act provides that “Any person who habitually commits any of the following offenses shall be punished in accordance with Article 257(1) of the Criminal Act and Article 257(2) of the Criminal Act shall be punished by imprisonment with prison labor for not less than three years:

Accordingly, Article 3(1) of the Punishment of Violences, etc. Act, which was enforced by Act No. 13718 on January 6, 2016, has been deleted, and Article 258-2 (Special Bodily Injury) of the Criminal Act, which was enforced by Act No. 13719 on the same day, has been newly established and Article 258-1 (1) of the Act has committed a crime under Article 257(1) or (2) of the Act.