The purport of the provision of Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Special Crimes Act") shall be that in case where a repeated crime is committed three or more times among the crimes provided for in Article 5-4 (1), (3) or (4) of the same Act, and again commits the crimes provided for in the same paragraph, and where a repeated crime is not recognized for committing a repeated crime, punishment shall be imposed as a statutory punishment provided for in Article 5-4 (1) through (4) of the same Act even in the case where habituality is not recognized, even in the case where the crime is committed, and thus, the court below erred in the judgment of the court below that found the defendant and the defendant under the same purport of Article 5-4 (5) of the same Act only once by recognizing that there is only four criminal offenses such as larceny and special larceny, and that there is no illegality in interpreting Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the defendant and the defendant under custody.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won