The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A car number plate seized C.

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

Defendant

- Appellant for retrial (hereinafter referred to as “Defendant”).

On October 18, 2001, the Seoul District Court was sentenced to three years of imprisonment (including 46 days of detention before the pronouncement of the judgment) due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the branch court of the Seoul District Court.

On December 12, 2001, the defendant appealed against the above judgment, and this court reversed the judgment of the court below and sentenced the defendant to two years of imprisonment (in addition to the number of days of detention before the pronouncement of the judgment below), and the above judgment became final and conclusive on the same day as the waiver of the right to appeal was made.

Since then, upon the defendant's request for retrial, this Court decided to commence the retrial on October 26, 2016, and the decision to commence the retrial became final and conclusive as it is, since no legitimate appeal has been filed within the appeal period.

2. The main point of the defendant's appeal (unfair sentencing) is that the court below's sentence (three years of imprisonment) is too unreasonable.

3. In the case where the record of the case subject to ex officio review is already destroyed due to the expiration of the preservation period and it is impossible to completely restore the record, the court below shall comprehensively evaluate the evidence of the judgment subject to review and the value of the newly submitted evidence during the retrial proceedings (see Supreme Court Decision 2004Do2154, Sept. 24, 2004, etc.) and make a new decision on the propriety of the judgment below (see, e.g., Supreme Court Decision 2004Do2154, Sept. 24, 2004). Prior to the judgment on the grounds for appeal, the prosecutor ex officio before the judgment on the grounds for appeal, “A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” among the names of the crimes against the defendant, and “Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act” in the applicable legal provisions, to change the indictment to “Article 32 and Article 329 of the Criminal Act.”