1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

1. According to the progress records of the case, the following facts are recognized.

A. On December 1, 2011, the Defendant appealed from the Seo-gu District Court Branch on the sentence of three years and six months with imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and a violation of the Road Traffic Act (non-licenseless Driving). On February 9, 2012, the Defendant appealed from the same court on the sentence of three months with imprisonment for a violation of the Road Traffic Act (non-licenseless Driving).

B. On April 19, 2012, the Daegu High Court, the appellate court of each of the above cases, reversed each judgment of the lower court on April 19, 2012, and sentenced the Defendant to a judgment against the Defendant, applying Article 5-4(6) and (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) and Article 329 of the Criminal Act (hereinafter “the judgment subject to a retrial”).

Although the defendant appealed against this, the appeal was dismissed on June 8, 2012, which became final and conclusive on the same day.

(c)

The Constitutional Court of the Republic of Korea, on November 26, 2015, has been sentenced twice or more to a crime under Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is referred to in Article 5-4 (1) or (2) and again commits a crime under Article 329 of the Criminal Act in the part concerning Article 329 of the Criminal Act within three years after the execution of the sentence is terminated or exempted, aggravated punishment shall be aggravated up to the short-term two times the punishment specified for the

"The Court declared that the part is in violation of the Constitution (see Constitutional Court Order 2013Hun-Ba3, Nov. 26, 2015). D.

On May 23, 2016, the Defendant filed the instant request for a retrial, and this Court rendered a re-examination under Article 47(4) of the Constitutional Court Act on July 29, 2016 on the part of the judgment subject to a retrial, and the judgment subject to a retrial is a single sentence on the grounds that the Defendant recognized a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and the remaining crimes as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single sentence.