The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) stipulates only larceny under the Criminal Act as a basis for aggravated punishment, and does not stipulate a crime of violation of the Aggravated Punishment, etc. of Specific Crimes, which is deleted following the Constitutional Court’s decision of unconstitutionality, as such criminal conviction.

Nevertheless, the judgment of the court below that aggravated punished the defendant pursuant to Article 5-4 (5) 1 of the Specific Crimes Aggravated Punishment Act on the grounds that the defendant was sentenced to two times of imprisonment due to the violation of the Specific Crimes Aggravated Punishment Act (thief) is unlawful in violation of the principle

B. The lower court’s determination on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. Considering the following circumstances after determining the misapprehension of the legal principle’s assertion, the aggravated punishment of the Defendant pursuant to Article 5(5)1 of the Specific Crimes Aggravated Punishment Act cannot be deemed as a violation of the principle of no punishment without the law.

Article 5-4 (5) of the Specific Crimes Aggravated Punishment Act provides that "where a person who has been sentenced not less than three times to imprisonment for a crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or for the attempts thereof, commits again such crime, and is punished as a repeated crime, the person shall be punished as follows; and subparagraph 1 of the same paragraph provides that "where a person commits any crime (including an attempted crime) under Articles 329 through 331 of the Criminal Act, he/she shall be punished by imprisonment with prison labor for not less than two years but not more than 20 years, as the defendant's assertion is not directly listed in the above Act as a criminal record on which the punishment of a specific crime Aggravated Punishment

However, Article 5-4(3) of the former Specific Crimes Aggravated Punishment Act (amended by Act No. 13717, Jan. 6, 2016) provides that “any person who habitually commits a crime under Articles 333, 334, 336, and 340(1) of the Criminal Act, or attempts to commit such crime, shall be punished by death or imprisonment for life or for not less than ten years.”