The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of two years and four months.

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is deemed to be too unhued and 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.

"........"

As such, Article 5-4(5) of the Act provides that “Aggravated Punishment,” which was irrelevant to the former Act, is subdivided according to the classification of each subparagraph of the punishment to be imposed, and the provision provides that “Aggravated Punishment,” which is not the same under the former Act. However, if special circumstances arise, the statutory punishment under each subparagraph of Article 5-4(5) of the Act would result in repeated aggravation of statutory punishment for the same reason when applying Article 35(2) which is the general provision of the Criminal Act, which is the aggravated punishment for repeated offense under the general provision of the Criminal Act, it is reasonable to interpret that special circumstances would have already been determined by stipulating that the statutory punishment under each subparagraph of Article 5-4(5) of the Act should be aggravated aggravated punishment as a repeated offense. Accordingly, Article 5-4(5) of the Act should be deemed as special provisions of other Acts and subordinate statutes concerning aggravated punishment for repeated offense under Article 8 of the Criminal Act