The appeal is dismissed.

The grounds of appeal are examined.

The Constitutional Court's decision of unconstitutionality under Article 47 of the Constitutional Court Act is binding only on the law or legal provisions which are subject to it, and it does not extend to other law or legal provisions unless there are special circumstances.

(See Supreme Court Decision 2009Do9576 Decided April 14, 2011). The Constitutional Court has amended the Act on the Aggravated Punishment, etc. of Specific Crimes by Act No. 10210 on March 31, 2010 in cases of 2014Hun-Ga16, 19, and 23 (Merger) Decided February 26, 2015.

B. The Specific Crimes Aggravated Punishment Act (hereinafter “Specific Crimes Aggravated Punishment Act”)

Part concerning Article 329 of the Criminal Act among Article 5-4(1), part concerning the attempted crimes under Article 329 of the Criminal Act among Article 329 of the same Act, and part concerning "acquisition" under Article 362(1) of the Criminal Act among Article 363 of the same Act are unconstitutional.

As “The decision of unconstitutionality” was rendered (hereinafter “the decision of unconstitutionality”), the effect of the decision of unconstitutionality does not extend to Article 5-4(6) of the Specific Crimes Aggravated Punishment Act (hereinafter “instant legal provisions”).

Furthermore, it cannot be deemed that the legal provision of this case violates the Constitution by stipulating an excessive punishment contrary to the principle of proportionality between responsibility and punishment, or by losing balance in the criminal system and violating the principle of equality.

[Court Decision 201Hun-Ba98, 206 (see Supreme Court Decision 201Hun-Ba98, May 31, 2012) (see Supreme Court Decision 201Hun-Ba98, May 31, 2012). We cannot accept the allegation in the grounds of appeal that the instant legal provisions are unconstitutional

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable

Therefore, it is therefore.