The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment with labor for two years and six months) imposed by the court below is too unreasonable.

2. Ex officio determination

A. While applying Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes to each of the crimes of this case, the lower court aggravated punishment, but applied Article 35 of the Criminal Act again, aggravated aggravation of repeated crime for the following reasons.

1) Article 8 of the Criminal Act provides, “The general provisions of this Act shall apply to the crimes prescribed by other Acts and subordinate statutes: Provided, That this shall not apply to the case where there are special provisions in such Acts and subordinate statutes; Article 5-4(5) of the Specific Crimes Aggravated Punishment Act provides, “If a person who has been sentenced not less than three times to imprisonment for the crimes under Articles 329 through 331, 333 through 336, 340 and 362 of the Criminal Act, or the attempts thereof, again commits such crimes, and is punished as a repeated offense, the punishment shall be aggravated according to the following classification; and Article 8(1)1 of the Criminal Act provides, “If a person commits the crimes under Articles 329 through 331 of the Criminal Act (including a criminal attempt), he/she shall be punished by imprisonment with prison labor for not less than two years but not more than twenty years; it is reasonable to view that Article 5-4(5) of the Specific Crimes Aggravated Punishment Act does not constitute a repeated offense under Article 8 of the former Specific Crimes Aggravated Punishment Act (amended by Act No. 5754).

(See Supreme Court Decision 82Do1865, 82Do383, Oct. 12, 1982). The statutory penalty under each subparagraph of Article 5-4(5) of the Specific Crimes Aggravated Punishment Act is stipulated.