The judgment below

The part against the defendant shall be reversed.

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

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

2. Unlike the provisions of Article 5-4(5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016), 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 attempts to commit such crime, again commits such crime, and is punished as a repeated offense, the punishment as 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 provides that “If a person who has been sentenced not less than three times to imprisonment for the crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act or an attempt thereof commits such crime again, he/she shall be punished as a repeated offense according to the following classification:

On the other hand, Article 8 of the Criminal Code provides that "the general provisions of this Act shall apply to the crimes provided by other Acts and subordinate statutes, except as provided otherwise by such Acts and subordinate statutes."

As such, Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes is subdivided according to the following classification, and unlike the former Act, the former Act provides that “Aggravated punishment shall be aggravated.” However, considering that Article 35(2) of the Criminal Act applies again to the punishment provided for in Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is a repeated crime provided for in the general provisions of the Criminal Act, repeatedly increases the statutory penalty for the same reason, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes is a repeated crime under the proviso to Article 8 of the Criminal Act