2015Do20040 A. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)

(b) Violation of the Road Traffic Act;

(c) Violation of the Punishment of Violences, etc. Act (collectively weapons, etc.);

Name of the crime recognized as property damage, etc.: Special property damage)

A

Defendant

Attorney CO(Korean National Assembly)

Gwangju District Court Decision 2015No2268 Decided December 2, 2015

March 10, 2016

The part of the judgment of the court below against the defendant is reversed and this part of the case is remanded to the Gwangju District Court.

shall be remanded to the Department.

Judgment ex officio is made.

1. Act which was committed in the past according to the change of the legal ideology which was the basis of the enactment of penal statutes;

The evaluation has changed and recognized it as a crime, and the punishment itself has been unfair; or

section 1(2) of the Criminal Code is amended or amended in the reflective consideration that an excessive punishment has been imposed.

Pursuant to paragraph (1), new law shall be applied (Supreme Court Decision 2009Do12930 Decided March 11, 2010, Supreme Court Decision 2009Do12930, Supreme Court Decision 20

Seoul High Court Decision 2013Do4862, 2013Do101 decided July 11, 2013

2. A. According to the reasoning of the lower judgment, the lower court determined the Defendant’s power together with B.

In the facts charged that each item, a dangerous object, and a hump have been carried and the victims have been injured;

The former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016)

Articles 3(1) and 2(1)3 of the former Punishment of Violences Act (hereinafter referred to as the "former Punishment of Violences Act"), Article 257 of the Criminal Act

The court found the defendant guilty by applying Articles 1 and 30.

(b) Article 3 (1) of the former Punishment of Violences Act means an organization or group by force or by force;

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).

A person who habitually commits any of the following crimes shall be punished in accordance with the Act, and Article 2 (1) of the Act shall apply to such person:

A person who has committed any of the following offenses shall be punished in accordance with Article 257 of the Criminal Act:

Paragraph (1) and Article 257 (2) of the Criminal Act shall be punished by imprisonment for a definite term of not less than three years.

Provided, however, the punishment of violence, etc., which was amended and enforced by Act No. 13718 on January 6, 2016

Article 3(1) of the Act on the Law of the Republic of Korea is deleted, and the Criminal Code amended and enforced by Act No. 13719 on the same day.

Article 258-2 (Special Bodily Injury) is newly established and "a threat of collective or multiple force" in paragraph (1) shall show the power of collective or multiple persons.

When a person commits a crime under Article 257 (1) or (2) by carrying any dangerous or dangerous goods, he/she shall be subject to one year.

It stipulated that "A person shall be punished by imprisonment with prison labor for not more than ten years."

As such, the former Punishment of Violence defined the aggravated elements of Article 257(1) of the Criminal Act

Article 258-2(1) of the Criminal Act, instead of deleting Article 3(1) of the Punishment Act, means the above elements of a crime.

Newly inserted that the statutory penalty is lower than that of Article 3(1) of the former Punishment of Violences Act, the above provision is applicable.

Even if general risk of bearing a mark of heavy constituent elements is considered, the commission of an individual crime;

The above, even though the specific form of action and the degree of infringement of legal interest are very diverse, it is not less than 3 years uniformly.

any violation of the previous penal provisions of which punishment shall be aggravated by imprisonment for a limited term;

Since it should be viewed as an appropriate measure, it is by a change of law after a crime under Article 1 (2) of the Criminal Code.

Punishment is more severe than that of the old law.

Thus, among the facts charged in the case of this case, each of the dangerous things that the defendant restricted the power of the organization and dangerous.

In accordance with Article 1(2) of the Criminal Act, an act of inflicting an injury on the victims while carrying with him/her a hack and hacks

It cannot be subject to aggravated punishment pursuant to the former Punishment of Violences Act, a juristic person, and Article 258 of the Criminal Code of the new juristic person

Article 2-2(1) of the former Punishment of Violences Act (amended by Act No. 1504, Dec. 1, 201)

The judgment has become no longer able to continue.

C. The court below held that the above part of the facts charged and the remaining facts charged against the defendant are the former part of Article 37 of

Inasmuch as one sentence was imposed on the ground that there is a concurrent crime relationship, not only the above part of the charges but also the charges.

In addition, the remainder of the facts charged should be reversed together.

3. Therefore, without examining the grounds of appeal, the part of the judgment below against the defendant

The case shall be reversed and remanded to the court below for a new trial and determination.

We decide as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Dong-won

Justices Lee In-bok

Justices Kim In-young