1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for seven years;

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

A. On June 10, 2011, the Defendant was sentenced to five years of imprisonment for the attempted murder and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) in Daegu District Court 2011, Daegu High Court 201, and filed an appeal under the Daegu High Court 201No274.

B. On October 13, 2011, the above appellate court accepted the prosecutor’s appeal and reversed the judgment of the court below and sentenced the defendant to seven years of imprisonment (hereinafter “the judgment on review”) and filed an appeal with the Supreme Court Decision 201Do14259 Decided December 22, 201, but the appeal was dismissed and the judgment on review became final and conclusive.

C. After that, the Defendant filed a petition for a new trial on the grounds that Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act are unconstitutional, and this court rendered a decision to commence a new trial on August 10, 2015, and the said decision to commence a new trial became final and conclusive as it has no legitimate filing of an appeal within the filing period

2. The summary of the grounds for appeal (five years of imprisonment) by the lower court is too unfased and unreasonable.

3. We examine ex officio the Prosecutor’s grounds for appeal prior to the judgment.

Of the facts charged in the trial, the prosecutor stated “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” as “Habitual thief,” and the application for changes in indictment under Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as “Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” among the applicable provisions of the same Act as “Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,” but this appears to be “Article 332 of the Criminal Act” as “Article 332 of the Criminal Act”; the victim No. 4 of the attached list of crimes in the indictment as “C” from “C”; one at sight of 420,000 won for men;