The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The sentence of the court below (one year and six months of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Unlike the provisions of Article 5-4(5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016), where a person who has been sentenced not less than three times to imprisonment for a crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or attempts to commit such crime, again commits such crime, and is punished as a repeated offense, the punishment as prescribed in paragraphs (1) through (4) shall be imposed.” Article 5-4(5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes provides that “If a person who has been sentenced not less than three times to imprisonment for the crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act or an attempt thereof commits such crime again, he/she shall be punished as a repeated offense according to the following classification:

On the other hand, Article 8 of the Criminal Code provides that "the general provisions of this Act shall apply to the crimes provided by other Acts and subordinate statutes, except as provided otherwise by such Acts and subordinate statutes."

Article 5-4(5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes provides that “Aggravated punishment shall be imposed” unlike the former Act, separately from the punishment imposed according to the pattern of the larceny crime. However, considering that Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes applies again to the punishment provided for in Article 5-4(5)1 of the same Act, which is a provision of the general provisions of the Criminal Act, repeated aggravation of statutory punishment for the same reason, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes brings about the repeated aggravation of statutory punishment for the same reason.