beta
Text
The judgment of the court below is reversed, and the case is remanded to the Chuncheon District Court Panel Division.
Reasons
1. The grounds of appeal are examined.
The argument in the grounds of appeal purporting that the defendant was in a state of mental and physical loss at the time of committing the crime of this case is a new assertion in the appellate court that the defendant was either the defendant's ground of appeal in the original court or the court below was not subject
2. The decision shall be made ex officio;
A. Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter “former Punishment of Violences”) provides that “Any person who commits a crime listed in Article 2(1) or who commits a crime by carrying a deadly weapon or other dangerous articles by exercising a power by an organization or group, or by showing a power by pretending to an organization or group, shall be punished in accordance with each subparagraph of Article 2(1).
Article 2(1)3 provides that a person who commits a crime under Article 2(1)3 of the Criminal Act or Article 257(2) of the Criminal Act shall be punished by imprisonment for a limited term of not less than three years.
Article 3(1) of the Punishment of Violences, etc. Act, which was amended by Act No. 13718, Jan. 6, 2016, was deleted, and Article 258-2 (Special Bodily Injury) of the Criminal Act, which was enforced by Act No. 13719, was newly established in order to prevent the gap of punishment, and committed a crime under Article 257(1) or (2) by carrying a dangerous weapon or a dangerous weapon.
“The provision was defined as “...”
As such, the elements of the same purport, instead of deleting Article 3(1) of the former Punishment of Violence Act, which provided for the requirements for aggravated composition of Article 257(1) of the Criminal Act, are newly established pursuant to Article 258-2(1) of the Criminal Act, and the statutory penalty is lower than that of Article 3(1) of the former Punishment of Violences Act, is a general risk with a mark of the above aggravated constituent elements.