The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted the misapprehension of the legal principle as well as unfair sentencing as the grounds for appeal, but withdrawn the assertion of legal principles on the second trial of the court below

Therefore, the lower court did not err by omitting judgment or failing to exhaust all necessary deliberations on the assertion of misapprehension of the legal doctrine.

The Defendant asserts to the effect that Article 2(1) of the Addenda of the Criminal Act that Article 70(2) of the Criminal Act (amended by Act No. 12575, May 14, 2014) applies to a case where a public prosecution is instituted for the first time after the enforcement date of the Act is unconstitutional is contrary to the purport of the Constitutional Court’s decision that Article 2(1) of the Addenda of the Criminal Act is unconstitutional.

However, the lower court, applying Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) to the Defendant’s criminal act committed prior to the enforcement of Article 70(2) of the said amended Criminal Act regarding detention at work site, determined the conversion amount of detention at work site, but maintained the first instance court, setting the same amount as the conversion amount of the judgment subject to a retrial within the scope of discretion for sentencing.

Therefore, the lower court did not err by exceeding the purport of the said unconstitutional decision, or by exceeding the binding force of the unconstitutional decision as stipulated in Article 47(1) of the Constitutional Court Act, or by omitting a judgment, etc.

Although the Defendant asserts to the effect that Article 8-2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes is unconstitutional, it cannot be said that the said provision is unconstitutional.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant.