The motion for retrial of this case is dismissed.

1. According to the records on confirmation of the judgment subject to a retrial, this court rendered a sentence of two years upon conviction of the Defendant on November 28, 2014 by applying Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 331(2) of the Criminal Act, and applying Articles 335 and 333 of the Criminal Act to the crime of robbery. The judgment became final and conclusive on December 6, 2014.

2. On February 26, 2015, after the Constitutional Court rendered a decision for review that Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes would be unconstitutional, there is a ground for retrial in the judgment subject to review.

3. In a case where the Constitutional Court unconstitutionality decision with respect to the provisions of the Act on the Punishment, etc. or the provisions of the Act, a 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 Constitutional Court Act, and the effect of the Constitutional Court unconstitutional decision pursuant to Article 47 of the Constitutional Court Act is limited to the provisions of the Act or the provisions of other Acts and the provisions of other Acts and the provisions of other Acts and the Act

(2) Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010); Article 329 of the Criminal Act (amended by Act No. 10210, Mar. 31, 2010); Article 5-4(1) of the same Act concerning the attempted crimes under Article 329 of the Criminal Act; Article 363 of the same Act concerning Article 5-4(4) of the same Act; Article 362(1) of the Criminal Act concerning Article 363 of the same Act concerning Article 5-4(4) of the same Act, which provides that “acquisition” under Article 362(1) of the Criminal Act violates the Constitution. However, the effect of the said decision is that Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which applies to the judgment subject to a retrial.