The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and four months.

. Prosecutors;

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. In light of the prosecutor’s career experience, criminal record, relationship with Defendant A, and the shape and purchase price of the Nompt of this case, although it can be acknowledged that Defendant B purchased the Nompt of this case, which is a stolen property, due to negligence in performing his duty of care, the court below acquitted Defendant B on the ground that it cannot be recognized as a defendant’s occupational negligence. The court below erred by misapprehending the legal principles on the crime of water acquisition by mistake of facts or by misapprehending the legal principles on the crime of water acquisition by the head

2. Ex officio determination as to Defendant A’s ex officio, the lower court convicted Defendant A of the instant charges by applying Article 5-4(5) and (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016; hereinafter “former Punishment of Specific Crimes Punishment Act”), Article 329 of the Criminal Act with regard to the Defendant’s act of stealing property again during the repeated crime period, even after having been sentenced to imprisonment not less than three times with labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), larceny, or intrusion of structure at night.

Article 5-4 (5) of the former Punishment of Specific Crimes Act provides that a person who has been sentenced not less than three times to imprisonment due to a crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or an attempt thereof, shall be punished as a repeated crime for committing the same crime under paragraphs (1) through (4).

A person who habitually commits, or attempts to commit, a crime under Articles 329 through 331 of the Criminal Act shall be punished by imprisonment for life or by imprisonment for not less than three years.

“Each provision was defined as “......”

Article 5-4 (5) of the Punishment of Specific Crimes, which was enforced on January 6, 2016 by Act No. 13717, "Articles 329 through 331, 333 through 336, and 336 of the Criminal Act."