All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and a fine of three hundred thousand won.

The defendant above.

1. Summary of grounds for appeal;

A. Each sentence (the first instance court: 2 years of imprisonment and fines of 300,000 won, and the second instance court: 4 months of imprisonment) imposed on the defendant 1 and 2 is too unreasonable.

B. The sentence imposed by the first instance court on the Defendant is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.

A. The purport of Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Aggravated Punishment Act”) is to reverse the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the judgment of the court of first instance. In cases where a repeated crime is committed on three or more occasions, and where a repeated crime is committed for committing a crime provided for in the same subparagraph among the crimes provided for in each subparagraph of the same Article, it shall be deemed that a punishment is imposed as

(See Supreme Court Decisions 89Do226, 89Do198 Decided January 23, 1990; 2010Do8 Decided March 25, 2010, etc.). Therefore, “where a person commits a crime and is punished as a repeated offender for committing a crime” in Article 5-4(5)1 of the Specific Crimes Aggravated Punishment Act refers to not all the crimes listed in each subparagraph of Article 5-4(5) of the Specific Crimes Aggravated Punishment Act, but not all the crimes listed in each subparagraph of Article 5-4(5) of the Specific Crimes Aggravated Punishment Act, namely, the crimes listed in Articles 329 through 331 of the Criminal Act, or the attempted crimes.

(Supreme Court Decision 2017Do19862 Decided February 13, 2018, and Supreme Court Decision 2019Do18891 Decided February 27, 2020). The lower court sentenced the Defendant to imprisonment with prison labor for larceny, etc. on November 1, 2012, and sentenced the Defendant to imprisonment with prison labor for two years on November 10, 2016 with prison labor for robbery, etc. at the Youngju District Court Young-dong Branch, Seoul District Court, and was sentenced to imprisonment with prison labor for one year at the Seoul Central District Court on November 8, 2018, and completed the enforcement of the said sentence on May 17, 2019.