The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The Defendant, who is misunderstanding of the fact, is merely entering C’s house due to a sudden fluority, and does not steals precious metals and cash from C’s house.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Paragraph 5 of Article 5-4 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13717, Jan. 6, 2016) provides that “A person who has been sentenced not less than three times to imprisonment for a crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or an attempt to commit such a crime, is punished as a repeated crime, even if the person who again commits such a crime, and is punished as a repeated crime, the punishment prescribed in paragraphs 1 through 4 shall be imposed.

Article 5-4 (5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) amended differently from those prescribed in “where a person who has been sentenced not less than three times to imprisonment for a crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or the attempts thereof, is punished as a repeated offender for committing such crime, he/she shall be punished aggravatingly as follows:

"A person who commits a crime under any provision of Articles 329 through 331 of the Criminal Act (including an unclaimed crime)" and subparagraph 1 of the same paragraph shall be punished by imprisonment with prison labor for not less than two years but not more than twenty years.

"........"

On the other hand, Article 8 of the Criminal Code applies to the crimes provided in other Acts and subordinate statutes.

Provided, That this shall not apply where otherwise provided in that Act.

"........"

As such, Article 5-4(5) of the Act stipulates that “Aggravated punishment”, unlike the former Act, is subdivided according to the classification of the types of punishment to be imposed according to the same subparagraph and separate provisions from the former Act, takes into account that special circumstances arise from the statutory penalty of each subparagraph of Article 5-4(5) of the Act again applying Article 35(2), which is a provision for the aggravation of repeated crimes under the general provisions of the Criminal Act, repeatedly increases the statutory penalty for the same reason.