The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Victims of seized evidence 1 to 13 shall be victims.

1. Case progress

A. On January 10, 2008, the Incheon District Court rendered a judgment to sentence the Defendant to be sentenced to imprisonment with prison labor for two years and six months (hereinafter referred to as “the judgment subject to review”) by applying Article 5-4(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010), Articles 329 and 342 of the Criminal Act to the crime that the Defendant habitually stolen, stolen, or stolen another’s property over 12 times from February 5, 2007 to July 25, 2007. The judgment subject to review became final and conclusive on January 18, 2008.

B. On February 26, 2015, the Constitutional Court rendered a decision that “The part concerning Article 329 of the Criminal Act among Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; hereinafter “former Aggravated Punishment Act”) and the part concerning the attempted crime under Article 329 of the Criminal Act, etc., shall be unconstitutional.”

C. On May 17, 2019, the Defendant requested a retrial for a judgment subject to a retrial. On June 5, 2019, this court rendered a decision to commence a retrial for the judgment subject to a retrial, and the said decision became final and conclusive as it is.

2. Summary of grounds for appeal;

A. Article 5-4(1) of the former Aggravated Punishment Act applied by the lower court is an unconstitutional law.

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

3. Before determining the grounds for appeal by the defendant ex officio, the prosecutor's application for changes in indictment is also stated in the name of the crime in the name of the attempted larceny in the name of the crime, although the application for changes in indictment is also stated in the name of the crime, on the grounds that the name of the crime against the defendant is "a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)".

"Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act" in the applicable provisions of Acts shall be construed as "Articles 330, 342, 329, 319 (1), 37 and 38 of the Criminal Act".