The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment below held that the defendant habitually committed the crimes under Articles 329 through 331 of the Criminal Act, or the attempted crimes under Articles 329 through 331 of the Criminal Act, or the crimes under Article 5-4 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which were sentenced two or more times, and habitually committed the crimes, or the attempted crimes, under Articles 329 through 331 of the Criminal Act, within three

Therefore, Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes was applied to the defendant.

However, even according to the evidence submitted by the prosecutor, it is only one time that the defendant was sentenced to punishment for habitually committing the crimes under Articles 329 through 331 of the Criminal Act, the attempted crimes, or the crimes under Article 5-4 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and there is no evidence to acknowledge that the defendant was sentenced two or more times.

Therefore, the judgment of the court below cannot be maintained as it erred by applying Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes erroneously.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as seen earlier, and the judgment below is ruled as follows through pleading.

[Grounds for the judgment below] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as follows: "The defendant habitually committed the above crimes" and Article 10 and 11 of the judgment below.

Inasmuch as the lower judgment’s dismissal is the same as each corresponding column of the lower judgment, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 332, 329, 342, and 329 of the Criminal Act ( comprehensively referred to as "criminal selection of imprisonment") concerning the facts constituting an offense;

1. Aggravation of repeated crimes;