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

The grounds of appeal are examined.

Of the facts charged in the instant case, the lower court upheld the first instance judgment convicting the Defendant by applying Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act.

However, after the judgment of the court below was rendered, the Constitutional Court rendered a decision of unconstitutionality on 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 applied by the court below (the Constitutional Court Decision 2014Hun-Ga16, Feb. 26, 2015). Accordingly, the above legal provision becomes retroactively null and void pursuant to Article 47 (3) of the Constitutional Court Act.

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case prosecuted by applying the pertinent provision is not a crime, and thus the judgment of the court below which found the guilty of this part of the facts charged was no longer maintained.

Therefore, the part of the judgment of the court below concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) shall be reversed. This is related to the remaining crimes which the court below found guilty and the crime of concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below shall be reversed, and the case shall be remanded to the court below