2015Do20059 Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc., injured teacher)

A

Defendant

Attorney L (National Ship)

Incheon District Court Decision 2015No3677 Decided November 27, 2015

February 18, 2016

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

Judgment ex officio is made.

1. As to the facts charged in the instant case, the lower court: (a) the former Punishment of Violences, etc. Act ( January 6, 2016)

Article 3 Section 1 of the former Punishment of Violences Act (amended by Act No. 13718; hereinafter referred to as the "former Punishment of Violences Act").

Due to the application of Articles 2(1)3, 2(1)3, 257(1) and 31(1) of the Criminal Act to the accused.

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

2. "Organization or group or group by force or by force under Article 3 (1) of the former Punishment of Violences Act".

A person who commits any of the crimes referred to in the subparagraphs of Article 2(1) by referring to the power of a group; or

A person who commits a crime by carrying a deadly weapon or other dangerous article shall be punished by the formula set forth in the subparagraphs of Article 2 (1).

Article 2(1) of the Act provides that "A person who habitually commits any of the following crimes shall be punished in accordance with the Act."

Article 257 subparag. 1 of the Criminal Act provides that "any person shall be punished in accordance with the following classification:

There was a provision that the port(injury) shall be placed in the abandoned station for at least three years. However, January 2016.

6. Paragraph 1 of Article 3 is deleted upon the amendment of the above Act, and is amended by Act No. 13719 on the same day; and

"A threat of collective power" under paragraph (1) of Article 258-2 (Special Injury) of the Criminal Code, effective:

When a person commits a crime under Article 257 (1) or (2) by carrying a dangerous thing, he/she shall be at least one year up to 10.

Punishment of Imprisonment with prison labor for not more than one year was newly established. As such, Article 257(1) of the Criminal Act was amended.

In lieu of deletion of Article 3(1) of the former Punishment of Violence Act, which provides for a heavy constituent element, the above provision

When newly establishing Article 258-2 (1) of the Criminal Act with the same constituent elements, the statutory penalty for the punishment of violence shall be imposed.

Article 3 (1) of the Act means anti-sexual measures that provide that the previous penal provisions are excessive.

As such, this constitutes a crime under Article 1 (2) of the Criminal Code, and a punishment is imposed due to a change in the law after the crime.

It constitutes “when compared to the former Act” (see Supreme Court Decision 2015Do17907, Jan. 28, 2016).

Thus, as to the facts charged of this case, the Gu width of the act-making corporation pursuant to Article 1 (2) of the Criminal Act

Punishment under Article 258-2 (1) of the Criminal Code of the new corporation shall not be punishable by the provisions of the Act on the Punishment of Forceful Acts.

Since it can only be said that there is a provision of the former Punishment of Violences Act, the facts charged of this case is guilty.

The judgment of the court below that recognized as such has no longer been maintained.

3. Therefore, without examining the grounds of appeal, we reverse the judgment below and the case is remanded again.

The case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided by the assent of all participating Justices on the bench.

shall be determined as above.

Justices Kim Jae-young

Justices Lee In-bok, Counsel for the appeal

Justices Go Young-young

Justices Lee Dong-won