A defendant shall be punished by imprisonment for a period of four years and ten months.

Articles in the attached list seized shall be forfeited from the defendant.

Case progress and scope of this Court's inquiry

1. Case progress

A. On July 11, 2013, the common branch of the Changwon District Court sentenced the Defendant to five years of imprisonment for a crime of violation of Article 5-4(6) and (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016; hereinafter “former Act”) and Article 329 of the Criminal Act (i.e., the Act on the Aggravated Punishment, etc. of Specific Crimes). The judgment subject to a retrial became final and conclusive on July 19, 2013.

B. On November 26, 2015, the Constitutional Court: (a) stated in Article 5-4(6) of the former Act on the Aggravated Punishment, etc. of Specific Crimes that “in the event a person was sentenced twice or more to a crime under paragraph (1) or (2) and again commits a crime under Article 329 of the Criminal Act within three years after the execution of the sentence is completed or exempted, the part that “in the event that the person committed a crime under Article 329 of the Criminal Act within three years after the execution of the sentence is completed or exempted, aggravated punishment up

“The Constitutional Court rendered a decision (Supreme Court Decision 2013HunBa343 Decided November 26, 2015).

On September 29, 2017, the Defendant filed a request for a retrial against a judgment subject to a retrial with this court. On September 29, 2017, this Court rendered a decision to commence a retrial on the ground that there was a cause of reexamination as stipulated in Article 47(4) of the Constitutional Court Act, and the subsequent decision

2. Scope of the judgment of this court;

A. In the final and conclusive judgment that found one of the several concurrent crimes guilty and sentenced one of them guilty, where it is deemed that there exist grounds for request for retrial only for a part of the facts constituting the crime, the first sentence is against the judgment on which one sentence is pronounced, and thus, the decision to commence retrial is bound to be rendered on the whole judgment.

However, the nature of the review system, which is an emergency remedy, has the effect of the decision to commence the review for facts constituting a crime without any grounds for review.