The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. In a case where the Defendant, under the influence of alcohol, committed each of the crimes of this case under the influence of misunderstanding of facts or lack the ability to discern things or make decisions, and aggravated punishment as a repeated offense by applying Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 35(2) of the Criminal Act, which is the general provision of the Criminal Act, is not applied repeatedly. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. According to the records of the instant case on the part related to mental and physical weakness, the Defendant had weak ability to discern things or make decisions at the time of committing each of the instant crimes.

Therefore, this part of the defendant's assertion is without merit.

B. Article 5-4(5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) provides that “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 the attempted crime, is punished as a repeated offense, even where the person is punished as a repeated offense by committing such crime.”

Unlike the provisions of "the Act on the Aggravated Punishment, etc. of Specific Crimes", Article 5-4 (5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes where a person who has been sentenced not less than three times to imprisonment for the crimes under Articles 329 through 331, 333 through 336, 340 and 362 of the Criminal Act, or the attempts thereof, once again commits such crimes, is punished as a repeated offense, the punishment shall be aggravated as follows:

"If a person commits a crime under Articles 329 through 331 of the Criminal Act (including an unclaimed crime)" in subparagraph 1 of the same Article, at least two years.