The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (two years of imprisonment with prison labor) is too uneasible.

2. Prior to the judgment on the grounds of ex officio appeal, Article 3 of the Act on Special Cases Concerning the Punishment of Specific violent Crimes (hereinafter “Special Cases Concerning the Punishment of Violences”) provides that where a person who was sentenced to a specific violent crime and was exempted from the execution thereof, commits a specific violent crime again within three years after the execution thereof was completed or exempted, the punishment for such crime shall be aggravated by up to twice the long-term and short-term penalty determined for such crime.

Article 2(1) of the Act on Special Cases Concerning the Settlement of Crimes provides that “A specific violent crime,” which is subject to the Act on Special Cases, is listed in the “specific violent crime,” and the court shall punish the accused who has committed such violent crime again within three years after having been sentenced to punishment for a violent crime listed in Article 2 of the Act on Special Cases, and shall punish the accused who has committed such violent crime by aggravated aggravation of repeated crimes pursuant to Article 3 of the Act on Special Cases Concerning the Settlement of Crimes, not Article 35 of the Criminal Act, and the prosecutor, while instituting the above accused, stated Article 35 of the Criminal Act in the indictment.

On the other hand, the Defendant is not subject to the Guide (see, e.g., Supreme Court Decision 2004Do1556, May 14, 2004). According to the evidence duly adopted and investigated by the lower court, the Defendant was sentenced to seven years of imprisonment for robbery, etc. at the Seoul High Court on October 30, 2008 and was sentenced to two months of imprisonment for injury, etc. at the Changwon District Court on November 2, 201, and the execution of the sentence was completed on February 28, 2015 at the Jinju District Court on February 28, 201, and the Defendant again committed the special robbery of this case on July 9, 2015, which is within three years thereafter, and both the robbery and the special robbery of this case constitute a specific violent crime listed in Article 2 of the Act.

Therefore, even if Article 35 of the Criminal Code is stated in the bill of indictment as applicable law to the aggravation of repeated crimes, this case.