The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In light of the legal principles, the prosecutor institutes a public prosecution by applying Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes to the crime of this case (hereinafter “Aggravated Punishment Act”), and Articles 329, 330, 331(1), and 342 of the Criminal Act. However, the Constitutional Court rendered a decision on February 26, 2015 that “Article 5-4(1) of the Aggravated Punishment, etc. of Specific Crimes Act shall be unconstitutional.” As such, the crime of this case cannot be punished by applying the above legal provisions.

Nevertheless, the judgment of the court below that punished the above legal provision on the crime of this case is erroneous in the misapprehension of legal principle.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

As to the assertion of misunderstanding legal principles, the Defendant argued to the same effect as this part of the judgment below.

As to this, where ① a decision of unconstitutionality has been made with respect to Article 47(3) and (4) of the Constitutional Court Act, the person who was convicted by applying the provisions of the Act or the provisions of the Act may request a retrial pursuant to Article 47(3) and (4) of the same Act, and the effect of the decision of unconstitutionality made by the Constitutional Court pursuant to Article 47 of the same Act shall be limited to the provisions of the Act or the provisions of the Act that are subject to the decision of unconstitutionality, barring any special circumstance, it does not extend to the provisions of other Acts or the provisions of the Act (see, e.g., Supreme Court Decision 2009Do9576, Apr. 14, 201); ② The Constitutional Court in the case of “Special Crimes Aggravated Punishment Act (amended by Act No. 10210, Mar. 31, 2010); and thus, the part concerning the violation of Article 329(3) of the Criminal Act and Article 36(3) of the Criminal Act.”