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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
The progress of the case and the scope of the trial
1. Progress of this case
A. On July 3, 2007, the Ulsan District Court rendered a sentence of imprisonment for two years and six months against the defendant by applying Article 5-4(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) and Article 329 of the Criminal Act to the crime of habitual larceny against the defendant, and sentenced the defendant to a punishment for both the above crime and the remaining crimes. The defendant's appeal against the above judgment was dismissed and the defendant waivered, thereby the above judgment became final and conclusive on September 12, 2007.
B. On February 26, 2015, the Constitutional Court rendered a ruling that “the part pertaining to Article 329 of the Criminal Act (hereinafter “instant provision”) shall be unconstitutional” in Article 5-4(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; and amended by Act No. 13717, Jan. 6, 2016; hereinafter “the instant provision on the unconstitutionality of the Act”) shall be unconstitutional (the Constitutional Court Decision 2014Hun-Ga, February 26, 2015; 16, 19, 23 (Joint)). Accordingly, the said provision on the unconstitutionality of the Act retroactively loses its effect pursuant to Article 47(3) of the Constitutional Court Act.
However, Article 5-4 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; Act No. 13717, Jan. 6, 2016) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Jan. 6, 2016); and
(1) Any person who habitually commits a crime under Articles 329 through 331 of the Criminal Act, or attempts to commit such crime, under Article 5-4 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 10210, Mar. 31, 2010) which is a provision prior to the amendment, shall be punished by imprisonment for life or for not less than three years.
The Korean Languages and the Korean Relives Act.