The judgment below is reversed, and the case is remanded to the Daegu High Court.

Judgment ex officio is made.

1. As to the instant facts charged, the lower court upheld the first instance judgment convicting the Defendant and the person against whom the attachment order was requested, by applying Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014; hereinafter “former Punishment of Violences Act”), Article 283(1) of the Criminal Act.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part concerning “a person who commits a crime under Article 283(1) (Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous object” under Article 3(1) of the former Punishment of Violences Act (see, e.g., Constitutional Court Decision 2014HunBa154, Sept. 24, 2015). Accordingly, the above legal provision retroactively loses its effect pursuant to Article 47(3) of the Constitutional Court Act.

As a result of the decision of unconstitutionality, in a case where the law or the provision of law on punishment loses its effect retroactively, the defendant's case prosecuted by applying the pertinent provision is not a crime, and thus, the judgment of the court below convicting this part of the facts charged cannot be maintained any more.

Therefore, the part of the judgment of the court below regarding the violation of the former Punishment of Violences Act (a deadly weapons, etc.) should be reversed. The court below held that this part and the remaining criminal facts are concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment. Accordingly, this part of the facts charged and the remaining part of the facts charged should be reversed.

In addition, the disclosure and notification order case under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is an incidental disposition to be sentenced simultaneously with the judgment of the sex offense case subject to registration, and therefore, the part concerning the relevant sex offense is included.