The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

2. 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, separately from Article 35 of the Criminal Act, should be interpreted as creating a new element of a crime that is punishable by statutory penalty heavier than the Criminal Act in cases where a person who has been sentenced more than three times to imprisonment for committing a crime (including a criminal attempt) under Articles 329 through 331 of the Criminal Act again commits the relevant crime during the period of repeated offense.

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.

(See Supreme Court Decision 2019Do18947 Decided May 14, 2020). According to the reasoning of the lower judgment, the lower court recognized the Defendant’s previous offense, which constitutes a cause for aggravation of repeated crimes, and, while determining the Defendant’s punishment against the Defendant, erred by failing to aggravation of repeated crimes regarding the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in so doing, the lower judgment was no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 35 of the Criminal Act, respectively, and Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes,