2015Do20029 Performance of Official Duties, Promotion of Utilization of Information and Communications Network and Information Protection, etc.

Violation of the Act, night-time theft, punishment of violence, etc.

Violation of the Act (Assaults such as groups, deadly weapons, etc.): Exceptions;

A violation of the Punishment of Violence, etc. Act (a group).

Bodily Weapons, etc. Injury

A

Defendant

Attorneys AI (Korean Offices)

Ulsan District Court Decision 2015No716, 2015No768 (Joint Judgment) Decided November 27, 2015

February 18, 2016

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

Judgment ex officio is made.

1. Act which was committed in the past according to the change of the legal ideology which was the basis of the enactment of penal statutes;

The evaluation has changed and recognized it as a crime, and the punishment itself has been unfair; or

section 1(2) of the Criminal Code is amended or amended in the reflective consideration that an excessive punishment has been imposed.

Pursuant to paragraph (1), new law shall be applied (Supreme Court Decision 2009Do12930 Decided March 11, 2010, Supreme Court Decision 2009Do12930, Supreme Court Decision 20

Seoul High Court Decision 2013Do4862, 2013Do101 decided July 11, 2013

2. A. According to the reasoning of the lower judgment, the lower court erred by misapprehending the legal doctrine on December 16, 2014 among the facts charged in the instant case.

10:00 Sick-in Sick Sicks, being carried with them, causing injury to the victim F.

The former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016);

Articles 3(1) and 2(1)3 of the former Punishment of Violences Act, Article 257 of the Criminal Act

It was found guilty by applying paragraph (1).

(b) Article 3 (1) of the former Punishment of Violences Act means an organization or group by force or by force;

A person who commits any of the crimes referred to in the subparagraphs of Article 2(1) by referring to the power of a group; or

A person who commits a crime by carrying a deadly weapon or other dangerous article shall be punished by the formula set forth in the subparagraphs of Article 2 (1).

A person who habitually commits any of the following crimes shall be punished in accordance with the Act, and Article 2 (1) of the Act shall apply to such person:

A person who has committed any of the following offenses shall be punished in accordance with Article 257 of the Criminal Act:

Paragraph (1) and Article 257 (2) of the Criminal Act shall be punished by imprisonment for a definite term of not less than three years.

Provided, however, the punishment of violence, etc., which was amended and enforced by Act No. 13718 on January 6, 2016

Article 3(1) of the Act on the Law of the Republic of Korea is deleted, and the Criminal Code amended and enforced by Act No. 13719 on the same day.

Article 258-2 (Special Bodily Injury) is newly established and "a threat of collective or multiple force" in paragraph (1) shall show the power of collective or multiple persons.

When a person commits a crime under Article 257 (1) or (2) by carrying any dangerous or dangerous goods, he/she shall be subject to one year.

It stipulated that "A person shall be punished by imprisonment with prison labor for not more than ten years."

As such, the former act of violence defined the aggravated elements of Article 257(1) of the Criminal Act

Article 258-2(1) of the Criminal Act in lieu of deletion of Article 3(1) of the Punishment Act

The provision of the statutory penalty under Article 3 (1) of the former Punishment of Violences, which is lower than that of Article 3 (1) of the former Punishment of Violence Act, is established in

Even if general risk of bearing a mark of aggravated constituent elements is considered, an individual crime shall be committed.

Along with the fact that the circumstances, the specific form of conduct and the degree of infringement of legal interests are very diverse, uniform;

to the effect that the previous penal provisions that the punishment shall be aggravated for imprisonment for a limited term of not less than three years are excessive.

Since it should be viewed as an anti-sexual measure from the letter, it shall be the law after the crime under Article 1 (2) of the Criminal Code.

The revision of the former Act is more severe than that of the former Act.

If so, among the facts charged of this case, an empty Sicker who is dangerous articles by the defendant is carried;

In accordance with Article 1(2) of the Criminal Act, the former Punishment of Violences Act, a corporation at the time of an act of inflicting an injury on a perpetrator

It can not be punished for aggravated punishment under the provision of section 258-2(1) of the Criminal Code of the new corporation.

Since the judgment of the court below that applied the provisions of the former Punishment of Violence Act can no longer maintain.

In addition, it came to be.

C. Meanwhile, the court below erred by misapprehending the above part of the facts charged against the defendant and the remaining facts charged

37. Since one sentence was imposed on the ground that the former part of Article 37 is concurrent crimes, the above part of the prosecution is prosecuted.

Not only facts but also the remainder of the facts charged should be reversed together.

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

Opinions of all participating Justices on the bench shall be remanded to the lower court for a trial and determination.

(2) It is so decided as per Disposition.

The presiding judge shall keep the record of the Justice

Yong-deok

Chief Justice Park Jong-young

Justices Kim Jae-han