The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of the grounds for appeal and the sentencing (one year imprisonment with prison labor);

2. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Aggravated Punishment Act”) provides that “If a person who has been sentenced not less than three times to imprisonment due to an ex officio judgment or an attempt to commit a crime under Articles 329 through 331 of the Criminal Act, once again commits such a crime and is punished as a repeated crime, he/she shall be punished by imprisonment with prison labor for not less than two years but not more than 20 years.” This refers to “where a person who has been sentenced not less than three times of imprisonment” is punished

(See Supreme Court Decision 2017Do19862 Decided February 13, 2018). Article 65 of the Criminal Act provides, “When a suspended sentence is rendered and the grace period has elapsed without the invalidation or revocation of the sentence, the sentence shall lose its effect.” Here, the meaning of “a sentence loses its effect” is that the legal effect of the sentence imposed upon the invalidation of the sentence, such as the invalidation of the sentence imposed under the Act on the Lapse of Punishment, shall be extinguished in the future.

(See Supreme Court Order 83Mo8 Decided April 2, 1983). Therefore, even if a sentence loses its effect pursuant to the above provision, the previous conviction cannot be deemed to be “a case of imprisonment with prison labor” under Article 5-4(5) of the Aggravated Punishment Act.

(See Supreme Court Decision 2010Do8021 Decided September 9, 2010). The fact that the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. on January 20, 2015, and two years of suspended execution and the above judgment became final and conclusive on January 28, 2015 is recognized by the record or is obvious to this court, and there is no proof that the sentence was invalidated or revoked after the suspended execution was sentenced, the sentence will lose its effect upon the lapse of the above suspended sentence.

However, in addition to the above suspended sentence, the Defendant was sentenced to imprisonment with prison labor due to larceny, etc. under Article 5-4(5) of the Aggravated Punishment Act only twice on March 24, 2017 and May 16, 2018.