The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

10,000 won shall be additionally collected from the defendant.

1. The sentence imposed by the lower court (two years and six months of imprisonment, and additional collection KRW 100,000) on the summary of the grounds for appeal is too unreasonable.

2. Ex officio determination

A. In a case where: (a) the evaluation of an act deemed a crime committed in the past according to the changes in the legal ideology that served as the ground for the enactment of penal statutes has changed; and (b) the act itself recognized and punished as a crime; or (c) the amendment or repeal of the statutes in reflective consideration that the punishment was excessive, the new law shall be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, Jul. 11, 2013; 2013Do1013; 2015Do17907, Jan. 28, 2016; and (b) the lower court determined that the Defendant, among the facts charged in the instant case, was punished by imprisonment with prison labor or more than three times for larceny and intrusion into structures at night; and (c) Article 15 of the former Punishment Act, Article 165 of the Punishment Act, etc.

(c)

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 by Act No. 13717 on January 6, 2016, "Article 329 through 329 of the Criminal Act."