The judgment of the court below is reversed.

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

1. Case progress

A. On April 2, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court, and the judgment became final and conclusive as it is.

B. On April 17, 2014, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Jeonju District Court for three years and six months, and the same year.

6. On June 24, 201, the appeal by the Defendant was dismissed, and the said judgment became final and conclusive (hereinafter “instant final and conclusive judgment”), and the execution of the sentence was terminated on June 20, 2017.

C. The lower court recognized the fact that the Defendant was sentenced two or more times, including the previous convictions according to the instant final judgment, and was sentenced to imprisonment for not more than three years from September 10, 2017 to December 12, 201 of the same year after the execution of the sentence was completed (hereinafter “instant criminal facts”), and determined that the Defendant was guilty of committing the instant criminal facts by applying Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) and Articles 329 and 342 of the Criminal Act, and sentenced to four years.

The Defendant appealed against the judgment of the court below on the ground of unreasonable sentencing, but the court prior to the remand dismissed the Defendant’s appeal.

The defendant appealed against the judgment of the court before remand.

E. Meanwhile, prior to the judgment of the Supreme Court, a new judgment on the instant final judgment became final and conclusive as follows.

1) The Constitutional Court is the former Specific Crimes Aggravated Punishment Act (Amended by Act No. 10210, Mar. 31, 2010; Act No. 13717, Jan. 6, 2016; hereinafter the same shall apply) which is a legal provision applicable to the instant final judgment.

Article 5-4 (1) or (2) shall be sentenced to imprisonment twice or more for a crime referred to in paragraph (6) of the same Article, and paragraph (1) shall be again made within three years after the execution of the sentence is completed or exempted.