A. The court below erred by misapprehending the legal principles as follows.

(1) Since the Constitutional Court rendered a decision of unconstitutionality as to Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”), the above provision may not be applied to this case.

(2) Of the previous convictions in the judgment of the court below, the defendant was sentenced to larceny by the Seoul Central District Court on March 7, 2006, for 2 years of the suspended sentence, and for 2 years of imprisonment with prison labor on July 19, 2006, and for 2 years of the suspended sentence, the suspended sentence was invalidated as the suspended sentence period of 2 years of imprisonment with prison labor. Therefore, the defendant is not sentenced to "a case of imprisonment with prison labor" under Article 5-4 (5) of the Aggravated Punishment Act. Thus, Article 5-4 (5) of the Aggravated Punishment Act cannot be applied to the defendant.

(3) Since Article 5-4(5) of the Aggravated Punishment Act is a special provision for a repeated crime, it cannot be applied again to a crime under Article 5-4(5) of the Aggravated Punishment Act for the aggravation of repeated crime under Article 35 of the Criminal Act.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. On February 26, 2015, the Constitutional Court rendered a decision that the part concerning the attempted crimes under Articles 329 and 329 of the Criminal Act in Article 5-4(1) of the Special Cases Act is unconstitutional.

However, Article 5-4(5) and (1) of the Aggravated Punishment Act and Article 329 of the Criminal Act, which applies to the crime of this case, is a provision that punishs a person who habitually commits larceny or attempts to commit the crime, whereas Article 5-4(5) and (1) of the Aggravated Punishment Act, which applies to the crime of this case, provides that a criminal defendant who was sentenced to imprisonment more than three times due to larceny, etc. and commits larceny during the period of repeated offense, is different from

In addition, Article 5-4 (5) of the Aggravated Punishment Act provides that Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act shall be applied.