1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

On November 15, 2013, the Plaintiff was sentenced to imprisonment with prison labor for one year and six months for the following criminal facts (hereinafter referred to as “instant criminal facts”) and was legally detained by a sentence of imprisonment with prison labor for not less than one year and six months.

On April 11, 2003, the Defendant was sentenced to a fine of two million won for larceny at the Gwangju District Court on May 22, 2009, a fine of two million won at the Gwangju District Court on September 3, 201, a fine of three hundred thousand won for larceny at the Gwangju District Court on September 3, 2010, and one year and six months of suspension of execution at the Gwangju District Court on February 9, 201, and one year and six months of suspension of execution at the Gwangju District Court on February 14, 201, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on June 14, 201, and the decision became final and conclusive on June 22, 2013.

At around 11:01 on September 2, 201, the Defendant: (a) concealed in the Defendant, at the editing room located in Young-gu, Young-gu, Young-gun B, 1.3 million won of the market value of the victim D, 2.3 million won of the total market value; (b) 600,000 won of the radio microphones in total; and (c) 2 of the small-scale microphones in an amount equivalent to the total market value of 600,000 won of the market value.

On February 26, 2015, the Constitutional Court rendered a decision on the constitutionality of Article 329 of the Criminal Act among Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

A. The Plaintiff

On April 16, 2015, in the instant case No. 2015 Inventory 5, “Article 332 of the Criminal Act and Article 329 of the Criminal Act” was applied to the judgment stated in the claim, and was sentenced to imprisonment for ten months.

On April 23, 2015, the Plaintiff completed the enforcement of the sentence in the Gwangju Prison.

[Reasons for Recognition] The facts of this Court, Gap evidence No. 1, Eul evidence No. 1, and arguments are stated in the evidence No. 1.