The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of two years and a fine of one hundred thousand won.

The above fine shall be imposed on the defendant.

The gist of the defendant's appeal is that the punishment imposed by the court below (two years of imprisonment, fine of one hundred thousand won, confiscation) is too unreasonable. However, prior to the judgment on the above grounds of appeal, it is considered ex officio.

Article 5-4 (5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13717, Jan. 6, 2016) provides that “Any 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, again commits such crime, and is punished as a repeated offense, the provisions of paragraphs (1) through (4) shall be punished.

Unlike the provisions of "the Act on the Aggravated Punishment, etc. of Specific Crimes", Article 5-4 (5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes where 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, once again commits such crimes, is punished as a repeated offense, the punishment shall be aggravated as follows:

“A person who commits any of the crimes of Articles 329 through 331 of the Criminal Act (including exemplary crimes)” in subparagraph 1 of the same Article shall be punished by imprisonment with prison labor for not less than two years nor more than twenty years.

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On the other hand, Article 8 of the Criminal Code applies to the crimes provided in other Acts and subordinate statutes.

Provided, That this shall not apply where otherwise provided in the Acts and subordinate statutes.

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As such, Article 5-4(5) of the current Act on the Aggravated Punishment, etc. of Specific Crimes provides that “Aggravated Punishment,” unlike the former Act, shall be aggravated as the punishment is subdivided according to the following classification: Provided, That if Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes applies again to the punishment provided for in Article 35(2) of the Criminal Act, which is an aggravated provision for repeated crimes under the general provisions of the Criminal Act, the statutory punishment is repeatedly aggravated for the same reason, the punishment for specific crimes is relevant.