The defendant's appeal is dismissed.

The motion for adjudication on the constitutionality of the instant case is dismissed.

1. Summary of grounds for appeal;

A. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which applies to the facts charged in the instant case, is contrary to the principle of prohibition of double punishment, and is in violation of the principle of statutory liability, and the excessive statutory penalty is contrary to the principle of unconstitutionality. Therefore, the judgment of the court below which found the Defendant guilty of the facts charged in the instant case on the grounds of the above provision, which is unconstitutional, is erroneous in the misapprehension of unconstitutional law.

B. Improper sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the legal doctrine (including determination as to a request for adjudication on the above law), Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes is subject to aggravated punishment as follows in cases where a person who has been sentenced not less than three times to imprisonment for a crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or the attempts thereof, again commits such crime, and is punished as a repeated offense.

A. Article 329 through 331 of the Criminal Act provides that “When a person commits a crime under any provision of Articles 329 through 331 of the Criminal Act (including an unregistered crime), he/she shall be punished by imprisonment with prison labor for not less than two years but not more than 20 years” (hereinafter “the legal provision of this case”). According to the purport of the legal provision of this case, as for larceny under Article 329 of the Criminal Act, if a person who has been sentenced at least three times to imprisonment with prison labor for a crime listed in the said provision, such as larceny under Article 329 of the Criminal Act, is punished by imprisonment with prison labor for not less than two years but not more than 20 years, even if the legal effect of the sentence is not extinguished within three years after the completion or exemption of the sentence, it is sufficiently predicted that the punishment for a crime under any provision of the above Articles is to be punished by imprisonment

The purpose of punishing repeated crimes falling under the legal provision of this case is to punish the former.