The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that applied Article 5-4 Item 6 of the Act on the Aggravated Punishment, etc. of Specific Crimes to the crime of this case as to the misunderstanding of the legal principles (the grounds of appeal submitted by the defendant) is unreasonable.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the legal principles, the Constitutional Court rendered a decision of unconstitutionality of Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes (2013Hun-Ba3) (amended by Act No. 13717, Jan. 6, 2016; Defendant committed the instant crime after the enforcement of the amended Act.

Where any of the crimes referred to in Articles 329 through 331 of the Criminal Act is habitually punished by imprisonment with prison labor for any of the crimes referred to in Articles 329 through 331 of the Criminal Act, or the attempts thereof, or the crimes referred to in paragraph (2) again, within three years after the execution of the sentence is completed or exempted, and is habitually punished by imprisonment with prison labor for not less than three years but not more than 25 years.

“......”

2) Review of the evidence duly admitted and examined by the lower court reveals the following facts.

① The Defendant was habitually punished by the crime of larceny under Articles 331(1) and 342 of the Criminal Act due to the fact that he/she committed the attempted larceny under Article 331(1) and 342 of the Criminal Act. On July 6, 2012, the Defendant was sentenced to imprisonment by the Busan District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on November 24, 2013, and completed the execution of the sentence in the lawsuit against the second North Korean Dos on November 24, 2013. The Defendant habitually committed the crime of larceny under Article 331(1) of the Criminal Act and the attempted larceny under Articles 331(1) and 342 of the Criminal Act, and completed the execution of the sentence in the Daegu District Court on October 23, 2015.

(2) The defendant has been punished eight times for a thief crime, including the above previous convictions.

(3) The defendants are in the same kind.