The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

Judgment ex officio is made.

1. In a case where the evaluation of acts deemed a crime in the past has changed due to the change of the legal ideology that served as the reason for the enactment of penal statutes, and thus, the said evaluation has been recognized and punished as a crime itself, or where the Acts and subordinate statutes were amended or amended in light of anti-discrimination that excessive punishment has been imposed, the new law shall be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, 2013; Do101, Jul. 11, 2013). According to the reasoning of the judgment below, the court below affirmed the judgment of the court below convicting each of the larceny of the facts charged in the instant case by applying Articles 1-4 and 5-15(2) of the former Act (Amended by Act No. 13717, Jan. 6, 2016; hereinafter referred to as “increased”).

B. Article 5-4(5) of the former Act on the Aggravated Punishment of Specific Crimes provides that “A person who has been sentenced not less than three times to imprisonment due to a crime under Articles 329 through 331, 333 through 336, and 340 of the Criminal Act, or an attempt thereof, commits again such a crime and is punished as a repeated offense,” and Article 5-4(5) of the same Act provides that “a person who habitually commits a crime under Articles 329 through 331 of the Criminal Act, or commits such a crime, shall be punished by imprisonment for life or for not less than three years.”

In this regard, Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter "the Act on the Aggravated Punishment, etc. of Specific Crimes"), which was enforced by Act No. 13717 on January 6, 2016, provides that "where a person who has been sentenced not less than three times to imprisonment for the crimes under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or the attempts thereof, commits again such crimes, and is punished as a repeated offense, the person shall be punished as follows: