All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which applies to the instant crime, has been rendered a decision of unconstitutionality by the Constitutional Court, and each sentence of the lower court is too unreasonable.

Before the decision to commence the review, the prosecutor applied for the amendment of the indictment to add the charges as stated in the facts charged added below in the appellate trial prior to the decision to commence the review, and after the decision to commence the review, the court below was unable to maintain the further judgment because the name of the defendant was changed to “Habitual larceny” from “Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)”, and the applicable provisions of the law were changed to “Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act”, “Article 332 and Article 329 of the Criminal Act”.

In addition, the defendant filed an appeal against the above judgment of the court below and decided to jointly examine all the above appeal cases prior to the commencement of review. Each of the offenses of the court below Nos. 1 and 2 against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be exempted from all reversal.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.

Criminal facts

On September 24, 1992, the Defendant was sentenced to six months of imprisonment for the attempted larceny at the Seoul Criminal District Court on March 18, 1994; eight months of imprisonment for larceny at the Seoul Criminal District Court on March 18, 1994; eight months of imprisonment for larceny at the Government’s branch on November 21, 1997; and Seoul District Court on February 24, 1999.