The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court’s application of Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act with respect to the instant crime by misapprehending the legal doctrine is unreasonable.

B. The punishment sentenced by the court below against the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the Constitutional Court’s decision on the unconstitutionality of Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes (2013Hun-Ba343), the amendment was made on January 6, 2016 and enforced as the same person. The Defendant committed the instant crime after the enforcement of the amended Act.

Where any of the crimes referred to in Articles 329 through 331 of the Criminal Act is habitually punished by imprisonment with prison labor for any of the crimes referred to in Articles 329 through 331 of the Criminal Act, or the attempts thereof, or the crimes referred to in paragraph (2) again, within three years after the execution of the sentence is completed or exempted, and is habitually punished by imprisonment with prison labor for not less than three years but not more than 25 years.

“......”

The court below, based on the evidence duly admitted and examined, found the following circumstances: (i) the defendant habitually committed the larceny under Article 329 of the Criminal Act; (ii) the defendant was sentenced to imprisonment on August 25, 2006 by the Changwon District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and (iii) the execution of the above sentence was terminated at the Busan District Court for the same crime on November 19, 2009; and (iv) the second intersection of the North Korean Branch of Busan District Court for the same crime on March 26, 201 after having been sentenced to one year and six months of imprisonment; and (v) the execution of the above sentence was terminated at the second intersection of the North Korean Branch of Busan District Court for the same crime on November 14, 2012; and (v) on September 25, 2015, the defendant was sentenced to three years of imprisonment with prison labor on September 25, 2015; and