According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is sentenced. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that a sentence is unfair due to the failure of punishment does not constitute a legitimate

In addition, Article 35 of the Criminal Act that provides for aggravated punishment of repeated crimes does not violate the principle of no death in Japan, the principle of equality, the principle of proportionality and the principle of proportionality between the responsibility and the punishment, so there is no reason that the provision is unconstitutional.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.