The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized Cheongju District Prosecutors' Office, 2006.

1. The following facts are acknowledged according to the progress records of the instant case and significant facts in this court.

A. On July 28, 2006, the Defendant was sentenced to two years of imprisonment in accordance with Article 5-4(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 10210, Mar. 31, 2010; hereinafter “former Aggravated Punishment Act”) and Articles 342, 329, and 30 of the Criminal Act with respect to the facts charged of this case at the Cheongju District Court.

B. The Defendant appealed against the above judgment by the same court 2006No697 on the ground of unfair sentencing. On September 13, 2006, the appellate court accepted the Defendant’s assertion of unfair sentencing and reversed the lower judgment, and sentenced the Defendant to one year and six months of imprisonment.

(hereinafter referred to as the "case subject to review") c.

On September 14, 2006, the Defendant submitted a petition of final appeal against a judgment subject to final judgment, but the same day was determined by withdrawing a final appeal on the 18th of the same month.

Since then, on November 9, 2018, the Defendant filed a petition for a new trial on a judgment subject to a new trial. This court rendered a decision to commence a new trial on a judgment subject to a new trial pursuant to Article 47(4) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010), Article 329 of the Criminal Act, and Article 329 of the Criminal Act, concerning the attempts under Article 329 of the Criminal Act, etc. of the same Act, are in violation of the Constitution. “The Constitutional Court’s decision of unconstitutionality (Supreme Court Decision 2014Hun-Ga16, 19, 23 (merged) Decided February 26, 2015), deeming that the effect of the decision subject to a new trial extends to Article 5-4(1) of the same Act, which applies to the decision subject

2. Summary of grounds for appeal;

A. As to the part concerning Article 329 of the Criminal Act in Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) by the Constitutional Court in violation of the Act, and the attempts as to Article 329 of the Criminal Act in the same paragraph.