The judgment below is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

In the case of habitual larceny to which Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Special Crimes Act") applies, the term "any person who habitually commits a crime under Articles 329 through 331 of the Criminal Act, or attempts thereof, shall be punished by imprisonment for life or imprisonment for not less than three years."

(2) The lower court, solely on the grounds stated in its reasoning, rendered a sentence to the Defendant to whom Article 5-4(1) of the Aggravated Punishment Act applies, pursuant to Article 25(2) of the Criminal Act, and imposed a sentence within the scope of the applicable sentence. In so doing, the lower court erred by misapprehending the legal doctrine on Article 5-4(1) of the Aggravated Punishment Act and Article 25(2) of the Criminal Act, thereby adversely affecting the conclusion of the judgment.

The ground of appeal pointing this out is with merit.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.