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

ex officio deemed.

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 the same) and Article 366 of the Criminal Act with regard to the damage of property by carrying dangerous articles among the facts charged in the instant case.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on the part of Article 3(1) of the former Punishment of Violences, etc. Act regarding “a person who commits a crime under Articles 260(1), 283(1) and 366 of the Criminal Act by carrying a deadly weapon or other dangerous object” (see, e.g., Constitutional Court Order 2014Hun-Ba154, Sept. 24, 2015). Accordingly, the above legal provision was retroactively invalidated in accordance with Article 47(3) of the Constitutional Court Act.

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case prosecuted by applying the pertinent provision is not a crime, and thus, the judgment of the court below convicting this part of the facts charged cannot be maintained any more.

Therefore, the part of the judgment of the court below on the violation of the Punishment of Violences, etc. Act is reversed, but the court below rendered a single sentence on the ground that this part and the remaining criminal facts constitute concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, all of

Therefore, without further proceeding to decide on the grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.