The defendant's appeal is dismissed.

1. Summary of grounds for appeal (the mental and physical weak and unfair sentencing);

A. On September 19, 2017, the Defendant: (a) was released from the Kanyang Prison on September 19, 2017; (b) had been living in prison for about one month until the time of the instant crime; and (c) had committed the instant crime under the influence of mental and physical weakness. The Defendant committed the instant crime even after having been discharged from prison for about twenty (20) years as the same crime for the last twenty (24) years. It is difficult to explain the fact that he/she committed the instant crime, other

B. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Ex officio determination of the facts charged of the instant case is as follows.

The Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Government Branch of the Seoul District Court on December 12, 2001; imprisonment with prison labor for one year and six months for a crime of the same crime at the Cheongbu District Court on July 20, 2004; and imprisonment with prison labor for one year and six months for a crime of the same crime at the Seoul Western District Court on March 3, 2006 at the Seoul Western District Court on September 14, 207; three years and six months for a crime of the same crime at the Seoul Southern District Court on April 21, 201; imprisonment with prison labor for two years and for two years for the same crime at the Goyang Branch Branch of the Seoul Southern District Court on October 24, 2014; imprisonment with prison labor for a more than three years from 193 times to 17 January 17, 2017; imprisonment with prison labor for the same crime of larceny from 197.

The lower court found the Defendant guilty of the charges by applying Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, while recognizing the aforementioned criminal records as criminal facts.

However, Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “The crime under Articles 329 through 331 of the Criminal Act, the attempted crime, or the crime under Article 329 through 331 of the Criminal Act, which is habitually sentenced twice or more, is again subject to Articles 329 through 331 of the Criminal Act within three years after the execution of the sentence is completed or exempted.