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The motion for retrial of this case is dismissed.
Reasons
1. According to the records on confirmation of the judgment subject to a retrial, on August 13, 2014, this court sentenced the defendant to two years of imprisonment by applying Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331(1) of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 319(1) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, the above judgment became final and conclusive on August 21, 2014.
2. The claimant for retrial filed a petition for retrial by asserting that the above judgment subject to retrial was unlawful by applying Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became unconstitutional by the Constitutional Court
3. The Constitutional Court declared 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) and the part concerning the attempted crime under Article 329 of the Criminal Act among Article 5-4(1) of the same Act as unconstitutional. However, Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that where a person who commits a crime under Articles 329 through 331 of the Criminal Act is punished as a repeated crime, it shall be deemed that Article 5-4(1) of the same Act provides that the person who commits a crime under Articles 329 through 331 of the Criminal Act shall be punished as a repeated crime and that Article 5-4(5) of the same Act shall not be deemed unconstitutional
Therefore, the defendant's request for retrial of this case based on the premise that there was a decision of unconstitutionality regarding the above legal provisions applied to the defendant is dismissed.
December 8, 2015