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

1. The grounds of appeal concerning attempted special robbery are examined.

The judgment below

Even if examining the reasoning in light of evidence, the lower judgment convicting the Defendant of attempted special robbery among the facts charged in the instant case did not err by misapprehending the legal doctrine on “a deadly weapon or carrying a deadly weapon” in the crime of attempted special robbery, contrary to what is alleged in the grounds of appeal.

2. We examine the remainder of the grounds of appeal ex officio prior to determination.

A. The lower court rendered a guilty verdict by applying Article 5-4(1) of the Specific Crimes Aggravated Punishment Act and Articles 329 and 342 of the Criminal Act with respect to the larceny of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”) among the facts charged in the instant case.

B. However, following the pronouncement of the lower judgment, the Constitutional Court rendered a decision of unconstitutionality that “Article 329 of the Criminal Act and the part concerning the attempted crime” in the case of 2014HunGa16, 2014HunGa19, 2014HunGa23 (Merger) Decided February 26, 2015, the Constitutional Court declared that “The part concerning Article 329 of the Criminal Act and the attempted crime are unconstitutional.”

(2) Article 12(1) of the Criminal Act provides that “The term “the term “the term “the term “the term “this case’s provision” means that the term “the term “the term “the term “the term “any other term” means the term “any other term of “the term “any other term of “any other term of “any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term of any other term