The judgment below is reversed, and the case is remanded to the Incheon District Court Panel Division.

The grounds of appeal are examined.

Of the facts charged in the instant case, the lower court applied Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Aggravated Punishment Act”) and Article 329 of the Criminal Act with regard to the theft of a passenger car or a set of money from April 22, 2014 to July 2, 2014.

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

Since the part concerning Article 329 of the Criminal Act in Article 5-4 (1) of the Specific Crimes Aggravated Punishment Act is retroactively invalidated in accordance with the main sentence of Article 47 (3) of the Constitutional Court Act, the part concerning the facts charged prosecuted by applying this Article shall be deemed to constitute a case where it does not constitute a crime.

Nevertheless, among the facts charged in the instant case, the lower court found the Defendant guilty of the part concerning the theft of a passenger car or a set of street on six occasions from April 22, 2014 to July 2, 2014. Therefore, the part concerning the facts charged in this part of the lower judgment cannot be maintained as it is.

The judgment below

Of these facts charged, the lower court rendered a single sentence by deeming that this part and the remaining facts charged constitute a single comprehensive crime or concurrent crime under the former part of Article 37 of the Criminal Act, and thus, should be reversed in its entirety.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.