2015Do12435 A. Violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.)

(b) Injury;

A

Defendant

Jeju District Court Decision 2015No75 Decided July 23, 2015

March 24, 2016

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

Judgment on the grounds of appeal shall be made ex officio.

Of the facts charged in the instant case, the lower court: (a) as to the act of violence, etc. against carrying dangerous articles

Articles 3(1) and 2(1)1 of the Punishment Act, and Article 260(1) of the Criminal Act shall apply;

The judgment of the court of first instance which declared the crime was affirmed.

Article 3(1) of the Punishment of Violences, etc. Act on September 24, 2015

A person who commits a crime under Article 260 (1) of the Criminal Act by carrying a deadly weapon or other dangerous articles.

Since the Court rendered a decision that the portion related to "person" is in violation of the Constitution, the Court rendered a decision on September 2015.

24. Declaration 2014Hun-Ba154, 398 (Consolidation), 2015Hun-Ga3, 9, 21 (Joinder), 2015Hun-Ga14, 2015Hun-Ga, 2015Hun-Ga

A18,20,25 (Joint Decisions) and the main sentence of Article 47(3) of the Constitutional Court Act

The validity was retroactively invalidated.

As such, due to the decision of unconstitutionality, the Act or the Act on Punishment is retroactively effective.

In case of loss of power, the facts charged charged by applying the relevant provision of this Act shall not be a crime.

As to the act of assaulting carrying dangerous articles among the facts charged in the instant case

The judgment of the court below that applied the provision to him has become unable to be maintained.

Therefore, Act on Punishment of Violence, etc. due to Violence by Carrying Dangerous Articles among the judgment below

Violations (collective violence, deadly weapons, etc.) shall be reversed, and the above part shall be found guilty.

Since the court below should pronounce a single punishment in relation to the relation of a group of concurrent crimes, the court below's judgment is eventually erroneous.

All shall be subject to reversal.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment below is reversed, and the case is remanded again.

The case shall be remanded to the court below for a determination, and the opinion shall be raised by the assent of all participating Justices.

this decision is delivered with the assent of all Justices.

Justices Kim Yong-deok

Justices Lee In-bok

Justices Kim Gin-young

Chief Justice Lee Dong-won