The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the reasons for appeal (a punishment of imprisonment of four years, confiscation, collection of 100,000 won) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the judgment defendant reflects his mistake, and that some victims have agreed to do so.

However, even though the Defendant committed the instant crime over several occasions due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, he/she again committed the instant crime during the period of repeated crimes, and committed the instant crime of habitual special larceny for a considerable period of time in a planned and repeated manner, and the amount of damage therefrom was considerable. The purport of the Constitutional Court’s decision of unconstitutionality as to Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is difficult to view that the Defendant’s age, sex behavior, environment, motive, means and consequence of the crime, and all the sentencing conditions such as the circumstances after the crime are too unreasonable.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. In accordance with Article 25(1) of the Regulation on Criminal Procedure, the judgment of the court below is corrected by means of deletion under the proviso of Article 42 of the “No. 2 and No. 3” of the Act.