The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes was repealed on or around June 2015, it was enforced again from January 2016, each of the crimes of this case shall not be subject to the said provisions.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. On June 29, 2010, the Defendant was sentenced to eight months of imprisonment for larceny at the Busan District Court. On August 10, 2012, the Defendant was sentenced to ten months of imprisonment for larceny at the Busan District Court. On June 18, 2015, the Changwon District Court sentenced four months of imprisonment for larceny and completed the execution of the sentence on July 30, 2015.

Before the previous two times, the punishment shall not be deemed to have been invalidated by the Act on the Lapse, etc. of Punishment, as a result of a new punishment before the lapse of five years from the date on which its execution is terminated.

In addition, each of the crimes of this case is a crime committed within three years after the execution of the last imprisonment is completed. Thus, the defendant is punished as a repeated crime by committing larceny or attempted larceny, after being sentenced to imprisonment not less than three times.

B. Article 5-4 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; Act No. 13717, Jan. 6, 2016; hereinafter “former Specific Crimes Aggravated Punishment Act”) provides that “any person who habitually commits a 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,” and Article 5-4 (5) of the same Act provides that “a person who habitually commits a crime under any of Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act or an attempt to commit such a crime shall be punished by imprisonment for a repeated crime”.

Defendant.