The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. The sentence of the lower court (four years of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Ex officio determination

A. Article 5-4(5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016; hereinafter “former Act on the Aggravated Punishment of Specific Crimes”) provides that where a person who has been sentenced more than three times to imprisonment for a crime under Articles 329 through 331 of the Criminal Act once again commits such crime and is punished as a repeated offense, Article 329(1) through (4) of the same Act shall be subject to the same punishment, and Article 329(1) of the same Act provides that a person who habitually commits any crime under Articles 329 through 331 of the Criminal Act or attempts to commit such crime shall be punished by imprisonment for life or for not less than three years.

In this regard, Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016; hereinafter “The Aggravated Punishment, etc.”) amended by Act No. 13717 of the same Act (hereinafter “Aggravated Punishment, etc.”) provides that where a repeated offender is punished, punishment shall be aggravated according to the classification of each subparagraph of the same paragraph, and subparagraph 1 of the same Article provides that where a person commits a crime under Articles 329 through 331 of the Criminal Act or an attempt thereof, he/she shall be punished by imprisonment for

The purpose of this, even if a repeated crime, such as larceny, which meets the requirements for criminal records as prescribed in Article 5-4(5) of the former Specific Crimes Aggravated Punishment Act, is to be considered as an anti-sexual measure taken from the fact that the previous penal provisions that the punishment of aggravated punishment by imprisonment for life or for not less than three years, is excessive.

Therefore, this constitutes “when an act does not constitute a crime due to an alteration of laws after a crime or a punishment is less severe than the former law” under Article 1(2) of the Criminal Act, and thus, the provision on the aggravation of specific crimes should also be applied to a crime before the amendment (see Supreme Court Decision 2009Do12930, Mar. 11, 2010, etc.).