The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Paragraph 5 of Article 5-4 of the former Act 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 a crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or an attempt to commit such a crime, is punished as a repeated crime, even if the person who again commits such a crime, and is punished as a repeated crime, the punishment prescribed in paragraphs 1 through 4 shall be imposed.

Article 5-4 (5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) amended differently from those prescribed in “where a person who has been sentenced not less than three times to imprisonment for a crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or the attempts thereof, is punished as a repeated offender for committing such crime, he/she shall be punished aggravatingly as follows:

"A person who commits a crime under any provision of Articles 329 through 331 of the Criminal Act (including an unclaimed crime)" and subparagraph 1 of the same paragraph shall be punished by imprisonment with prison labor for not less than two years but not more than twenty years.

"........"

As such, Article 5-4(5) of the Act provides that “Aggravated Punishment,” which was irrelevant to the former Act, is subdivided according to the classification of the types of punishment to be imposed under each subparagraph of the same subparagraph. However, if special circumstances arise, the statutory penalty under each subparagraph of Article 5-4(5) of the Act would result in repeated aggravation of statutory punishment for the same reason when applying Article 35(2) which is the aggravated provision of repeated offense under the general provisions of the Criminal Act, the statutory penalty under each subparagraph of Article 5-4(5) of the Act is reasonable to interpret that special circumstances would have already been determined to be subject to aggravated punishment, and therefore, Article 5-4(5) of the Act is the Criminal Act.