The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Progress of litigation;

A. On March 27, 1997, the lower court: (a) sentenced the Defendant to three years and six months of imprisonment with prison labor for larceny, etc. at the government branch of the Seoul District Court; (b) sentenced the Defendant to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “violation of the Aggravated Punishment Act”); and (c) sentenced the Defendant to one year and six months of imprisonment with prison labor for a violation of the Aggravated Punishment, etc. of Specific Crimes Act at the Seoul East District Court on November 29, 2012 and completed the execution of the sentence on February 1, 201 and sentenced the Defendant to three years of imprisonment with prison labor for a violation of the Aggravated Punishment, etc. of Specific Crimes Act (hereinafter referred to as “Special Crimes Act”) on June 11, 2014.

B. The Defendant appealed against the lower judgment on the grounds of misunderstanding of facts or misunderstanding of legal principles as stated in the following Paragraph 2, and the trial prior to remand rejected all the Defendant’s arguments and dismissed the appeal.

C. The Defendant filed an appeal against the judgment of the party before remanding the case on the grounds of unfair sentencing, mistake of facts, or misunderstanding of legal principles as described in paragraph (2) above. The court of final appeal rejected all of the Defendant’s assertion of mistake of facts and misapprehension of legal principles. However, the Defendant’s sentence imposed on the Defendant for a violation of special family law in the Jungyang Branch of the District Court on October 7, 2004 constitutes a person who was sentenced two or more times for a violation of special family law from February 11, 2006 to November 29, 2012, who was sentenced to imprisonment with prison labor for a violation of special family law after which the enforcement was completed, and later, the five-year period under Article 7(1)2 of the Act on the Lapse of Punishment, etc. of Specific Family Law has elapsed on or before November 29, 2012, and thus the Defendant becomes null and void since it cannot be deemed that the sentence constitutes a violation of special family law provided in Article 5-4(6) of the Act.