All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The main points of the grounds for appeal are as follows: The punishment imposed by the lower court (one year and six months of imprisonment, and one year of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

First of all, this Court has tried to consolidate these cases with appeal against each judgment of the court below.

In addition, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes separate from Article 35 of the Criminal Act, where a person who has been sentenced more than three times to imprisonment for committing a crime under Articles 329 through 331 of the Criminal Act (including a repeated crime) and again commits the relevant crime during the period of repeated crime, the punishment that is heavier than the Criminal Act should be construed as creating a new element of punishment. As such, the punishment should be determined again within the scope of the term of punishment severe for repeated crimes under Article 35 of the Criminal Act (see, e.g., Supreme Court Decision 2019Do18947, May 14, 2020). As such, the lower court erred by misapprehending the legal doctrine on the interpretation of Article 35 of the Act on Aggravated Punishment, etc. of Specific Crimes, thereby affecting the conclusion of the judgment.

However, in relation to each of the crimes of the judgment below in the concurrent crimes under the former part of Article 37 of the Criminal Act, each of the concurrent crimes should be sentenced to a single sentence within the scope of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. Accordingly, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows, after the oral argument.

Criminal facts

The summary of the evidence and the summary of the evidence;