The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Nos. 1 to 4 of evidence seized by the defendant.

1. The lower court’s sentence (two years of imprisonment, confiscation) against the Defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes”) provides that where a person who has been sentenced at least three times to imprisonment for a crime under Articles 329 through 331 of the Criminal Act, or the attempts thereof, once again commits such crime, and is punished as a repeated crime, he/she shall be punished by imprisonment for not less than two years but not more than 20 years. The purport of the above provision is to punish a person who meets the requirements for the aggravated punishment of a crime and a repeated crime, if habituality is not recognized, the punishment shall be imposed in accordance with the prescribed statutory punishment. Thus, the punishment shall be determined within the scope of the aggravated punishment again under the above statutory punishment (see Supreme Court Decision 94Do1391, Sept. 27, 1994). According to the reasoning of the judgment below, the court below recognized the criminal record of the defendant who becomes the grounds for the aggravated punishment of a repeated crime and determined the punishment of a repeated crime against the defendant.

3. Therefore, 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, and the judgment below is reversed and it is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331(2) and Article 329 of the Criminal Act as to the crime under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.