The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below in violation of the statutes is erroneous by applying the statutory provisions that the Constitutional Court rendered.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. With respect to the assertion of violation of Acts and subordinate statutes, the Constitutional Court shall punish the person who was sentenced twice or more to imprisonment on November 26, 2015 (amended by Act No. 10210, Mar. 31, 2010) and again commits a crime under Article 329 of the Criminal Act in Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) within three years after the execution of the sentence is completed or exempted.

“The part” is in violation of the Constitution.

“The Constitutional Court en banc Decision 2013Hun-Ba343 Decided November 26, 2015). However, on January 6, 2016, the above provision of the law was amended and implemented as Act No. 13717 to remove the unconstitutionality pointed out by the Constitutional Court after the Constitutional Court’s decision on the unconstitutionality, and there was no decision on the unconstitutionality of the amended provision of the law.

The Prosecutor instituted a public prosecution under Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which amended the Act on the Aggravated Punishment, etc. of Specific Crimes. The lower court also rendered a judgment by applying the amended Act.

Since the Defendant’s crime of this case was committed after the amendment and enforcement of the Act, it is proper that the court below applied the amended statutory provisions, and there was no error in violation of the Act as claimed by the Defendant.

In addition, in order to apply Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes as amended, the Defendant was sentenced two or more times to a crime under Article 5-4 (1) or (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the execution thereof has been terminated or exempted.