The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

A seized knife.

The following facts are acknowledged according to the progress records of the case.

A. The Defendant was sentenced to the lower judgment at the Seoul Central District Court (four years of imprisonment), and the Defendant appealed for the reason that the sentencing was unfair. On November 13, 2014, the appellate court accepted the Defendant’s unfair assertion of sentencing, and reversed the lower judgment and sentenced the Defendant to three years and six months of imprisonment, and the Defendant was above, but the lower judgment became final and conclusive on January 8, 2015 upon the Supreme Court’s decision to dismiss the final appeal.

B. On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on the part of Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014); “A person who carried a deadly weapon or other dangerous object and committed a crime under Article 283(1)(Intimidation) of the Criminal Act,” etc.

(c)

On November 2, 2016, the Defendant filed a petition for reexamination of the instant case. On December 19, 2016, this Court rendered a decision to commence reexamination on the ground that there exist grounds for reexamination prescribed in Article 47(4) of the Constitutional Court Act for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon threat, etc.) among the criminal facts subject to the judgment of retrial, and that not only the said crime but also the remaining crimes are concurrent crimes under the former part of Article 37 of the Criminal Act.

The summary of the grounds for appeal (the sentencing of each sentencing, the sentencing of each sentencing, the imprisonment of the court below 4 years) of the defendant's punishment is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

A. The Prosecutor’s name of the crime of intimidation against carrying dangerous articles among the facts charged in the instant case is “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” as “special intimidation”, Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act, and the Criminal Act.