The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for three years.

No. 7 through 12 of seized evidence.

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “instant provision”) amended by Act No. 13717, Jan. 6, 2016, separate from Article 35 of the Criminal Act, where a person who has been sentenced not less than three times to imprisonment for committing a crime (including a criminal who committed a crime) under Articles 329 through 331 of the Criminal Act, and again commits the relevant crime during the period of repeated crime, such person shall be punished as a statutory penalty heavier than the Criminal Act.

Therefore, the punishment for a repeated crime under Article 35 of the Criminal Act should be determined within the scope of the heavier penalty for a repeated crime under Article 35 of the Criminal Act.

(2) Article 35 of the Criminal Act does not apply to a repeated crime under Article 35 of the Criminal Act in determining the applicable sentencing sentence (see, e.g., Supreme Court Decision 2019Do18947, May 14, 2020). Nevertheless, the lower court erred by misapprehending the legal doctrine on the interpretation of the statutory provisions of this case, thereby adversely affecting the conclusion

3. Accordingly, the judgment of the court below is reversed by ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

【Reasons for the judgment of multiple times】 The facts constituting a crime and summary of evidence recognized by the court, and summary of evidence, shall be cited in accordance with Article 369 of the Criminal Procedure Act, on the grounds that the judgment of the court below, except that the phrase “Habitual Theft” (No. 6 of the judgment of the court below) as “Habitual Special Theft” in the criminal facts of the judgment of the court below is the same as that of each corresponding column of the judgment of the court below.

Application of Statutes

1. Each relevant Article of the Act concerning criminal facts;