The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of the grounds for appeal: Imprisonment with prison labor for a period of two years;

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. Article 8 of the Special Provisions on Aggravation of Cumulative Offense provides that “The general provisions of this Act shall apply to the crimes provided for in other Acts and subordinate statutes, except as otherwise provided in those Acts and subordinate statutes.”

However, Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that "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 for the attempts thereof, commits again such crime, and is punished as a repeated offense, he/she shall be punished as follows." Article 5-4(5) of the same Act provides that "If a person commits a crime under Articles 329 through 331 of the Criminal Act (including an attempted crime), he/she shall be punished by imprisonment with prison labor for not less than

Therefore, Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes should be regarded as a special provision for aggravation of repeated crimes as prescribed by other statutes.

B. In light of the fact that Article 5-4(5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016), the statutory penalty under each subparagraph of Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) has already been determined to be aggravated as a repeated offense, applying the provisions of Article 35 of the Criminal Act to a repeated offense for the same reason

C. Sub-decisions: As to the violation of Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 35 of the Criminal Act is prescribed.