The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

A knife knife knife knife (No. 1).

1. The following facts are acknowledged according to the progress records of the case.

A. On November 21, 2014, the Defendant was sentenced to two years by imprisonment for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in Ulsan District Court 2014 order 3200, 3244 (Joint) on November 21, 2014, and the Defendant appealed for this reason. The appellate court (Ulsan District Court 2014No. 1092) accepted the Defendant’s unfair claim for sentencing on January 30, 2015, and reversed the lower judgment against the Defendant and sentenced the Defendant for one year and six months, but the lower judgment became final and conclusive on April 3, 2015 upon the Supreme Court’s decision to dismiss the appeal.

B. On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on the part of Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014); “A person who carried a deadly weapon or other dangerous object and committed a crime under Article 260(1) of the Criminal Act by carrying a deadly weapon or other dangerous object,” etc.

(c)

On October 8, 2015, the Defendant filed a motion for a new trial. On November 16, 2015, this Court rendered a decision to commence a new trial on the judgment subject to a new trial. The foregoing decision to commence a new trial became final and conclusive as it is.

2. The sentence imposed by the lower court (two years of imprisonment, etc.) on the gist of the grounds of appeal is too unreasonable.

3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

A. In the case of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), the prosecutor’s name of the crime of intrusion upon a dangerous object among the facts charged in the instant case is “special intrusion upon a house”, and the applicable provisions of the Act are as follows: “Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 319(1) of the Criminal Act” in “Articles 320 and 319(1) of the Criminal Act.”