The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

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

Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “instant provision”) amended by Act No. 13717, Jan. 6, 2016, separate from Article 35 of the Criminal Act, where a person who has been sentenced not less than three times to imprisonment for committing a crime (including a criminal who committed a crime) under Articles 329 through 331 of the Criminal Act, and again commits the relevant crime during the period of repeated crime, such person shall be punished as a statutory penalty heavier than the Criminal Act.

Therefore, the punishment for a repeated crime under Article 35 of the Criminal Act should be determined within the scope of the heavier penalty for a repeated crime under Article 35 of the Criminal Act.

(2) Article 35 of the Criminal Act does not apply to a repeated crime under Article 35 of the Criminal Act in determining the applicable sentencing sentence (see, e.g., Supreme Court Decision 2019Do18947, May 14, 2020). Nevertheless, the lower court erred by misapprehending the legal doctrine on the interpretation of the statutory provisions of this case, thereby adversely affecting the conclusion

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are identical to the facts of the judgment of the court below, and 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 and Article 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.