The judgment below

The part of the defendant's case against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than one year and four months.

1. Progress of litigation;

A. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to one year and six months of imprisonment, and the Defendant appealed against the lower judgment.

B. The trial before remand dismissed the defendant's appeal, and the defendant appealed against this.

C. The Supreme Court rendered a decision that “the part concerning “acquisition” under Article 362(1) of the Criminal Act among Article 363 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) which was applied to the facts charged of habitual acquisition of stolen goods by the Defendant on February 26, 2015 is unconstitutional (see Constitutional Court Decision 2014HunGa16, 19, 23 (merged) decided Feb. 26, 2015). As such, Article 47(3) of the Constitutional Court Act retroactively loses its effect pursuant to the main sentence of Article 47(3) of the Constitutional Court Act. As such, the judgment of the court below reversed ex officio the judgment of the previous court on the ground that the Defendant case which was not prosecuted by the decision of unconstitutionality becomes a crime and thus cannot be maintained.”

2. The Defendant asserted the misapprehension of legal principles as to habitual nature and unreasonable sentencing as grounds for appeal in the trial before remanding. However, in the trial before remanding, the Defendant withdrawn the existing assertion of misapprehension of legal principles and maintained only the grounds for appeal on unreasonable sentencing.

The punishment sentenced by the court below against the defendant (one year and six months of imprisonment) is too unreasonable.

3. Prior to the judgment on the grounds of ex officio appeal, the case is examined ex officio prior to the judgment on the grounds of appeal, and the prosecutor, at the same time, the criminal name of the facts charged in this case is "Habitual acquisition" from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," and Articles 5-4 (4) and 363 and 362 of the Criminal Act.