Examining the record in accordance with the relevant legal principles, the lower court is justifiable to have determined that all of the facts charged in the instant case constituted a repeated crime and aggravated repeated crimes, and that all of the above crimes constituted concurrent crimes under the former part of Article 37 of the Criminal Act, thereby not applying Article 39(1) of the Criminal Act.

In addition, there was no error by misapprehending the legal principles on concurrent crimes with repeated crimes.

The ground of appeal by the prosecutor that the prosecutor abused the power of prosecution is not a legitimate ground of appeal since the defendant claims that it was based on appeal or that it was not subject to judgment ex officio by the court below.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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