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

The grounds of appeal are examined.

Of the facts charged in the instant case, the lower court amended by Act No. 12896, Dec. 30, 2014; as to the part on which the Defendant, carrying a deadly weapon or other dangerous object and threatened the victim E, the lower court was the Act on the Punishment of Violences,

A. The Punishment of Violences Act (hereinafter referred to as “Assault Punishment Act”)

() Articles 3(1) and 2(1)1 of the Criminal Act and Article 283(1) of the Criminal Act apply to the judgment of the court of first instance which convicted the Defendant, thereby maintaining the judgment of the court of first instance. However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality as to “a person who committed a crime under Article 283(1) (Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous object” (the Constitutional Court Order 2014Hun-Ba154, Sept. 24, 2015, etc.). Accordingly, the legal provision was retroactively invalidated pursuant to Article 47(3) of the Constitutional Court Act. In a case where the law or legal provision on punishment becomes retroactively null and void due to the decision of unconstitutionality, the judgment of the court below which found the Defendant guilty of this part of the facts charged is no longer maintained as it constitutes a crime committed by the Defendant under the relevant law, since it constitutes a violation of this Act, and the remaining part of the criminal facts charged should be reversed in its entirety.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.