A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.)

B. Violation of the Punishment of Violences, etc. Act (Intimidation of Group, Deadly Weapons, etc.)

(c) Interference with business;

(d) Damage to property;

A

Prosecutor

Attorney Q Q (Korean National Assembly Line)

Gwangju High Court Decision 2015No342 Decided September 24, 2015

November 26, 2015

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

The Prosecutor's grounds of appeal are examined.

The lower court upheld the first instance judgment that convicted the Defendant by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act with respect to intimidation to carry dangerous articles among the facts charged in the instant case (hereinafter “Assault Punishment Act”).

However, 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 articles, after the judgment of the court below was rendered (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015). The provision of the above Act retroactively loses its effect pursuant to the main sentence of Article 47 (3) of the Constitutional Court Act. The judgment of unconstitutionality becomes null and void due to the decision of unconstitutionality by the law or the provision of the law that retroactively becomes void.

The judgment of the court below which found the defendant guilty of this part of the facts charged was no longer maintained, since the defendant's case which was prosecuted by applying the pertinent provision of law is not a crime.

Therefore, the part of the judgment of the court below regarding the defendant's violation of the Punishment of Violences Act (a collective action, deadly weapon, etc.) should be reversed. Since the above part and the remaining part are concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence is imposed on the defendant, the judgment of the court below

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jae-young

Justices Lee In-bok, Counsel for the appeal

Justices Go Young-young

Justices Lee Dong-won