The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. 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 not less than three times to imprisonment for committing a crime (including a repeated crime) under Articles 329 through 331 of the Criminal Act again commits the relevant crime during the period of a repeated crime, a new element of a punishment heavier than the Criminal Act is deemed to have been created. For a crime during the period of a repeated crime constituting the said element of a repeated crime, a punishment shall be prescribed again within the scope of the term of punishment imposed for a repeated crime under Article 35 of the Criminal Act.

(2) The lower court, while recognizing the Defendant’s previous offense, which constitutes a cause for aggravation of repeated crime, determined the punishment without aggravation of repeated crime as to the instant crime. In so doing, the lower court erred by misapprehending the legal doctrine on aggravation of repeated crime, thereby adversely affecting the conclusion of the judgment.

3. In conclusion, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without any need to decide on the grounds of appeal on the grounds of appeal on the grounds of ex officio reversal.

[Grounds for the judgment of the court below] The summary of facts constituting a crime and evidence recognized by this court is identical to the description of each corresponding column of the judgment of the court below, except for the correction of "4.6 of April 6, 2018" as " June 28, 2018." under Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act to increase concurrent crimes;