The motion for retrial of this case is dismissed.

1. On April 8, 2015, the Defendant, who became final and conclusive in the judgment subject to a retrial, was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.), and the said judgment became final and conclusive on August 24, 2015.

2. The summary of the reason for the request for retrial is a conviction based on Article 3(1) of the Punishment of Violences, etc. Act decided to be unconstitutional by the Constitutional Court, and there are grounds for retrial under Article 47(4) of the Constitutional Court Act

3. We examine the judgment, and there is no assertion or proof as to Article 3(1) of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act, which apply to the judgment subject to a retrial, that there is no decision by the Constitutional Court as unconstitutional, and otherwise there is no ground for retrial under each subparagraph of Article 420 of the Criminal Procedure Act in the judgment subject to a retrial.

In reference, the Constitutional Court decided on September 24, 2015 (2014HunBa154, 398, 2015HunBa3, 9, 215HunGa14, 2015HunBa18, 2015HunGa18, 2015HunBa18, 20, 25 (merged), the former Punishment of Violence, etc. Act (amended by Act No. 7891, Mar. 24, 2006) was amended by Act No. 7891, and Article 3(1) of the same Act (amended by Act No. 12896, Dec. 30, 2014); Article 260(1), Article 283(1), and Article 366(2) of the Criminal Act (amended by Act No. 12896, Apr. 16, 201; hereinafter referred to as "the Constitutional Court") did not have any special effect on the violation of the Act or Article 3616(2).3).