The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (e.g., imprisonment and two years and six months) of the lower court’s punishment is too unreasonable.

2. Unlike the provisions of Article 5-4 (5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016), 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 attempts to commit such crime, again commits such crime, and thereby punished as a repeated offense, paragraphs (1) through (4) of this Article shall also be punished, and Article 5-4 (5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes provides that “If a person who has been sentenced not less than three times to imprisonment for the crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act or an attempt thereof commits such crime again, he/she shall be punished by imprisonment with prison labor for not more than two years as follows:

On the other hand, Article 8 of the Criminal Code provides that "the general provisions of this Act shall apply to the crimes provided by other Acts and subordinate statutes, except as provided otherwise by such Acts and subordinate statutes."

As can be seen, Article 5-4(5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes provides that “Aggravated Punishment,” unlike the former Act, is subdivided according to the following classification of the punishment to be imposed under Article 5-4(5) of the same Act. Furthermore, considering that Article 35(2) of the Criminal Act, which is a general provision of the Criminal Act, applies again to the punishment for a repeated crime under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, causes repeated aggravation of statutory punishment for the same reason, Article 5-4(5)1 of the Act on the Aggravated Punishment,