The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. There is no fact that the Defendant committed the crime of larceny, larceny, intrusion upon residence, and damage to property except for the crime of larceny 1 listed in No. 2 of the List of Crimes listed in the annexed Table 1 in the judgment of the court below.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (two years and six months of imprisonment) 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 thereby punished as a repeated offense, paragraphs (1) through (4) of this Article shall also be punished, and 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 by imprisonment with prison labor for not more than two years as follows:

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."

As such, the punishment to be imposed under Article 5-4(5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes is subdivided according to the classification of each of the following subparagraphs, and unlike the former Act, the Act on the Aggravated Punishment, etc. of Specific Crimes provides that "Aggravated Punishment.