The judgment below

Among them, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the unauthorized driving of motor vehicles.

1. The lower court affirmed the first instance judgment that found the Defendant guilty of violating the Specific Crimes Aggravated Punishment Act among the facts charged in the instant case by applying Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; hereinafter “Aggravated Punishment Act”) and Article 329 of the Criminal Act.

However, the Constitutional Court rendered a decision that “The part concerning Article 329 of the Criminal Act (hereinafter “instant provision”) in Article 5-4(1) of the Specific Crimes Aggravated Punishment Act is unconstitutional.”

Thus, the provision of this case becomes retroactively null and void pursuant to the main sentence of Article 47(3) of the Constitutional Court Act due to the above unconstitutional decision. Thus, this part of the facts charged which was prosecuted by applying the provision of this case constitutes a case where it is not a crime.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged was eventually unable to be maintained.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds of appeal on the violation of each Road Traffic Act due to the driving of a motorcycle without license, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, in this case where a fine was imposed on the Defendant for a violation of each Road Traffic Act due to the driving of a motorcycle without license for a motorcycle, the allegation

3. The court below held that the crime of larceny and the crime of violation of the Act on the Aggravated Punishment of Specific Crimes due to the driving of a motor vehicle and a motorcycle without the license is a substantive concurrent crime, and sentenced to one imprisonment for the crime of violation of the Aggravated Punishment of Specific Crimes Act (thief) and the crime of violation of the Road Traffic Act due to the driving without the license of a motor vehicle, and the crime of violation of the Aggravated Punishment of Specific Crimes