The judgment below

The part against the defendant is reversed, and this part of the case is remanded to the Incheon District Court Panel Division.

Judgment ex officio is made.

The lower court: (a) the Defendant from January 20, 2014 to the same year.

3. Until December 21, 21, a total of KRW 53,660,00 with knowledge that smartphone 331 units were stolen by C and A, and a total of KRW 53,660,000 was habitually acquired.

“The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”) upheld the judgment of the first instance which pronounced guilty of the Defendant by applying Article 5-4(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 363 and 362(1) of the Criminal Act to the facts charged. However, the Constitutional Court, on February 26, 2015, applies Article 5-4(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010), which applies to the facts charged for habitual acquisition of stolen goods by the Defendant, referred to as “the legal provision of this case” in Article 363 of the Criminal Act.

) Since the Constitutional Court rendered a decision that the provision of this case is unconstitutional (see, e.g., Constitutional Court Order 2014HunGa16, 19, 23, Feb. 26, 2015). The provision of this case retroactively lost its effect pursuant to the main sentence of Article 47(3) of the Constitutional Court Act. As such, in a case where the law or the provision of law related to punishment becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case prosecuted by applying the pertinent provision shall be deemed to constitute a case that is not a crime (see, e.g., Supreme Court Decisions 91Do2825, May 8, 1992; 2004Do9037, Apr. 15, 2005; 2004Do9037, Apr. 15, 2005).

Therefore, without further proceeding to decide on the grounds of appeal, the part of the judgment below against the defendant is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench