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

Judgment ex officio is made.

The lower court upheld the first instance judgment that convicted the Defendant by applying Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act to the facts charged in this case where the Defendant threatened the victim by carrying dangerous articles.

However, on September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on the part concerning “a person who commits a crime under Article 283(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles” (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015) applied by the lower court on September 24, 2015 (see, e.g., Constitutional Court Order 2014HunBa154, Sept. 24, 2015). Accordingly,

In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the Defendant’s case indicted by applying the pertinent provision constitutes a crime (see, e.g., Supreme Court Decision 2005Do8317, Jun. 28, 2007). As such, the lower judgment convicting the Defendant of the facts charged in this case became unable to be maintained any more.

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