The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

- the seized divers (one day, one thousand each);

1. On June 15, 2012, the Defendant was sentenced to five years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court (2012 Gohap 166) and appealed therefrom.

After examining the instant appellate case (No. 2012No. 2021), the lower judgment was reversed on August 24, 2012, and the Defendant sentenced the Defendant to four years of imprisonment (hereinafter “instant judgment subject to a retrial”), and the judgment subject to a retrial became final and conclusive on September 1, 2012.

In the judgment subject to a retrial, the court rendered two times a sentence to a defendant for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and subsequently stolen another's property over 13 times from the end of March 2010 to the end of December 15, 201, which was not later than three years after the execution of the sentence was completed.

Article 5-4(6) and (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; hereinafter “former Act on the Aggravated Punishment of Specific Crimes”), Articles 329, 330, 331(1), and 342 of the Criminal Act, were applied to the crime to be found guilty.

In this regard, the Constitutional Court, on November 26, 2015, has been sentenced twice or more to a crime referred to in Article 5-4 (6) of the former Act on the Aggravated Punishment of Specific Crimes, and again committed a crime referred to in Article 329 of the Criminal Act in Article 329 of the Criminal Act within three years after the completion or exemption of the execution of the sentence.

“The Court rendered a decision that the part is in violation of the Constitution.”

The Defendant rendered a request for a retrial against a judgment subject to a retrial on the grounds of the Constitutional Court’s decision of unconstitutionality, and this Court rendered a decision to commence a retrial on January 9, 2018, and the decision to commence a retrial became final and conclusive as it

2. The gist of the grounds for appeal is as follows: (a) the Defendant alleged the facts, misunderstanding of legal principles, and mental and physical disorder on the grounds of appeal on the grounds of appeal.