The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence 2 shall be confiscated.

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

A. On January 8, 2015, the Defendant was sentenced to imprisonment with prison labor for three years and confiscation due to a violation of the Punishment of Violences, etc. Act (collectives, deadly weapons, etc.) in Busan District Court Decision 2014Da6611, 8173 (Joints).

B. As to this, the Defendant and the Prosecutor appealed to Busan District Court 2015No256. The above appellate court reversed the judgment of the court below ex officio on July 9, 2015 on the grounds of the change of the subject matter of adjudication, and sentenced the Defendant to imprisonment for three years and confiscation again (hereinafter referred to as the “subject matter of retrial”), but the Defendant appealed again, but the final appeal was dismissed on September 15, 2015, and thus the subject matter of adjudication for retrial became final and conclusive.

C. On September 24, 2015, the Constitutional Court rendered a decision that “The part concerning a person who committed a crime under Articles 260(1), 283(1), and 366 of the Criminal Act by carrying a deadly weapon or other dangerous articles under Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) shall be unconstitutional.”

On June 20, 2016, the Defendant requested a retrial against a judgment subject to a retrial. On August 24, 2016, this Court rendered a decision to commence a retrial on the grounds that there exist grounds for retrial under Article 47(4) of the Constitutional Court Act among the crimes of violation of the Punishment of Violences, etc. Act (collectives, deadly weapons, etc.) among the judgment subject to a retrial, and that the facts constituting the crime and the remaining crimes constitute concurrent crimes under the former part of Article 37 of the Criminal Act, the above decision to commence a retrial became final

2. In the scope of trial and retrial procedure of this court, the recognition of the crime cannot be reversed by re-examination on the part of facts constituting a crime without any grounds for retrial. However, one sentence is rendered by recognizing the guilty of several facts constituting a concurrent crime.