The judgment below

The part concerning the Defendants is reversed, and that part of the case is remanded to the Suwon District Court Panel Division.

We examine ex officio.

1. As to Defendant B

A. The lower court convicted Defendant B of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged against Defendant B by applying Articles 5-4(1), 331(1) and (2), and 342 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

However, the Constitutional Court rendered a decision on February 26, 2015 that "the part concerning Article 329 of the Criminal Act among Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) concerning the attempted crimes under Article 329 of the Criminal Act, the part concerning Article 329 of the Criminal Act among Article 363 of the Criminal Act, the part concerning Article 362 (1) of the Criminal Act among Article 363 of the Criminal Act, and the part concerning "acquisition" under Article 362 (4) of the Criminal Act are unconstitutional.

(2) Article 18(1) of the Criminal Act provides that “The provisions of this case’s unconstitutional Act shall apply mutatis mutandis to the case’s unconstitutionality decision.” The grounds for the decision of unconstitutionality are as follows: (a) even if there is a need to increase punishment for a certain type of crime, if it is apparent that the degree of increase in punishment would manifestly lose legitimacy and balance in the criminal system compared with the ordinary criminal punishment, it would not violate the basic principles of the Constitution guaranteeing human dignity and value; and (b) the contents of the law are unconstitutional laws contrary to the principle of equality. The provisions of this case’s unconstitutional law provide that the elements of a crime are identical to the provisions of the Criminal Act, without stipulating separate aggravated elements of the Criminal Act, which shall be adjusted to raise the statutory punishment only in violation of the basic principles of the Constitution guaranteeing the legitimacy and balance of the criminal

B. Specific crimes applied by the lower court with respect to the larceny of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the charges against Defendant B.