A defendant shall be punished by imprisonment for seven years.

1. Progression to the review of this case

A. On September 26, 2013, the Defendant: (a) was punished by imprisonment with prison labor for the crimes under Articles 1 and 2-1 of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof; and (b) 2-B of the said Act for the crimes [the crimes of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (special rape) and on March 23, 2003].

The crimes and crimes of Type IV [the crimes of violation of the Act on the Punishment, etc. of Sexual Crimes (Rape, etc.) and Protection, etc. of Victims of Sexual Crimes (the Act on the Punishment, etc. of Sexual Crimes and Violation of the Act on the Protection, etc. of Victims Thereof)] were punished by imprisonment with prison labor for up to seven years, and were punished by imprisonment with prison labor for the crimes of Type 3, 5, and 6 [the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.), violation of the Act on the Punishment, etc. of Sexual Crimes (Rape, etc.) and robbery, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) of Jan. 30, 2013]. The electronic attachment order and compensation order of the location tracking device between 10 years and the applicant C, D, and E was issued.

The Defendant filed an appeal against this, Seoul High Court Decision 2013No. 3073, but the appellate court rendered a judgment dismissing the appeal against the part of the Defendant except for the case claiming an attachment order on February 6, 2014. The Defendant appealed by Supreme Court Decision 2014Do3073, but the part of the first instance judgment, which is the judgment subject to a retrial, became final and conclusive by the court of final appeal rendered a dismissal judgment on April 24, 2014.

B. The Constitutional Court rendered a ruling 2013HunBa343 Decided November 26, 2015, where a person was sentenced twice or more to a crime referred to in Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) and again commits a crime referred to in Article 329 of the Criminal Act in Article 5-4 (1) of the same Act within three years from the date on which the execution of the sentence is completed or exempted, the penalty against such crime shall be aggravated by up to twice the short term of the punishment prescribed for such crime.

“The portion was determined to be in violation of the Constitution.”

The defendant.