The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Documents submitted by a defendant's defense counsel with an excessive deadline for submitting the grounds for appeal shall be deemed to the extent of supplement in case of supplement in the grounds for appeal.

On the other hand, the defendant stated in the statement of grounds for appeal that the content of the appeal is not clearly specified, and that mental or physical disability shall also be the grounds for appeal, but all of the above arguments were withdrawn on the first day of the trial.

(F) The sentence imposed by the court below on the defendant (or three years of imprisonment) is too unreasonable.

Judgment

Unlike the provisions of the former Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-4(5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes, the lower court held that the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes constitutes a special provision on aggravation of repeated crimes under the proviso to Article 8 of the Criminal Act, and did not add

Article 5-4 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "former Aggravated Punishment Act") related to the judgment of the political party was amended by Act No. 13717 on January 6, 2016 and enforced on the same day (hereinafter referred to as the "current Aggravated Punishment Act"), and the contents before and after the amendment are as follows:

The bottom part is particularly related to the interpretation of Article 5-4 (5) of the Special Cases Act.

Article 5-4 (Aggravated Punishment of Robbery, Theft, etc.) (1) Any person who habitually commits a crime referred to in Articles 329 through 331 of the Criminal Act or attempts to commit such crime shall be punished by imprisonment with prison labor for life or for not less than three years.

(2) Any person who jointly commits a crime under paragraph (1) shall be punished by imprisonment with prison labor for life or for not less than five years.

(3) Any person who habitually commits a crime referred to in Articles 33, 334, 336 and 340 (1) of the Criminal Act, or attempts to commit such crime, shall be punished by death or imprisonment with prison labor for life or for not less than ten years.

(4) Any person who commits a crime under Article 363 of the Criminal Act shall be punished by imprisonment for life or by imprisonment for not less than three years.

(5) Articles 329 through 329 of the Criminal Act.