2015Do15897 Violation of the Punishment of Violences, etc. Act (Destruction of and damage to the registered objects of collective or deadly weapons)

2) Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.);

Inflicting, Violence, Promotion of Utilization of Information and Communications Network, Information Protection, etc.

Violation of law

A

Defendant

Attorney Q Q (Korean Office Line)

Suwon District Court Decision 2015No1809 Decided September 17, 2015

December 10, 200

The conviction part of the judgment below is reversed, and that part of the case is remanded to Suwon District Court Panel Division.

Before determining the grounds of appeal, we examine it ex officio.

Of the facts charged in the instant case, the lower court convicted the Defendant by applying Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014; hereinafter referred to as the “former Punishment of Violence Act”) and Article 283(1) of the Criminal Act with regard to intimidation to carry dangerous articles around November 30, 2013, and Article 283(1) of the Criminal Act.

On September 24, 2015, the Constitutional Court rendered a decision that "the part concerning a person who commits a crime under Article 283 (1) (Intimidation) of the Criminal Act (hereinafter referred to as "the provision in this case") by carrying a deadly weapon or other dangerous articles under Article 3 (1) of the former Punishment of Violences Act shall be in violation of the Constitution" (hereinafter referred to as "the above provision in this case"). Thus, the above provision in this case shall be unconstitutional decision, and pursuant to the main sentence of Article 47 (3) of the Constitutional Court Act, the above provision in this case

Retroactive invalidation of the instant facts charged, which led to the failure to constitute a legal offense (see, e.g., Supreme Court Decisions 2004Do9037, Apr. 15, 2005; 2004Do5433, Aug. 28, 2014). The lower judgment convicting the Defendant of this part of the facts charged became impossible.

Accordingly, the part of the judgment of the court below that violated the Punishment of Violences Act should be reversed. The above and the remaining parts that the court below found guilty should be sentenced to one punishment in relation to concurrent crimes under Article 37 of the Criminal Act and the former part. Thus, the part of the judgment below's conviction among the judgment below should be reversed. Therefore, without examining the grounds of appeal, the part of the judgment below's conviction among the judgment below shall be reversed and remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of

The presiding judge shall keep the record of the Justice

Justices Kim Yong-deok

Chief Justice Park Jong-young

Justices Kim Jae-han