The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which applies to the facts charged in the instant case by misapprehending the legal principles, violates the principle of prohibition of double punishment, violates the principle of statutory punishment, and the excessive statutory punishment, and thus, is unconstitutional in violation of the principle of liability. Therefore, the court below which found the Defendant guilty of the facts charged in the instant case based on the above provision of the Act, which is unconstitutional

B. Improper sentencing of the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the legal doctrine, Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “If a person who has been sentenced not less than three times to imprisonment due to the crime under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act or the attempted crime commits again and is punished as a repeated crime, the person is punished as a repeated crime as follows:

A person who commits a crime under any provision of Articles 329 through 331 of the Criminal Act (including an unclaimed crime) shall be punished by imprisonment with prison labor for not less than two years but not more than twenty years.

Examining the purport of the provision of this case’s legal provision, a person who has been sentenced not less than three times to imprisonment with labor for a crime listed in the said provision, such as larceny under Article 329 of the Criminal Act, can be sufficiently predicted to mean that he/she would be punished by imprisonment with labor for not less than two years but not more than 20 years, if he/she again commits a crime under the condition that the legal effect based on the sentence has not been invalidated within three years after the completion or exemption of the execution of the sentence, and thus, he/she shall not be punished by imprisonment with labor for not more than two years and not more than 20 years.

The purpose of punishing repeated crimes falling under the legal provision of this case is to disregard the warning function of the punishment even though they were punished against the preceding offender, and to repeat the crime.