The judgment below

The part of the first instance judgment is reversed, and this part of the case is remanded to the Seoul Southern District Court.

The grounds of appeal are examined.

Of the facts charged in the instant case, Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”) and Article 329 of the Criminal Act were applied to habitual larceny.

However, on February 26, 2015, the Constitutional Court rendered a decision that "the part concerning Article 329 of the Criminal Act among Article 5-4 (1) of the Specific Crimes Aggravated Punishment Act (amended by Act No. 10210, Mar. 31, 2010)", Article 329 of the Criminal Act, Article 362 (1) of the Criminal Act, and Article 363 of the Criminal Act, among Article 363 (4) of the Criminal Act, are unconstitutional."

Since the part concerning Article 329 of the Criminal Act in Article 5-4 (1) of the Specific Crimes Aggravated Punishment Act is retroactively invalidated in accordance with the main sentence of Article 47 (3) of the Constitutional Court Act, the part concerning the facts charged prosecuted by applying this Article shall be deemed to constitute a case where it does not constitute a crime.

Nevertheless, the lower court found the Defendant guilty of habitual larceny among the facts charged in the instant case. As such, the part of the lower judgment on this part of the facts charged cannot be maintained as it is.

The judgment below

Of these facts charged, the part of the judgment of the court of first instance should be reversed. Since the remaining facts charged in this part and the judgment of the court of first instance are deemed to constitute concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court of first instance, among the judgment of the court of first instance, shall be reversed

Therefore, without further proceeding to decide on the remaining grounds of appeal, the part concerning the first instance judgment among the judgment below is reversed, and that part of the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.