1. The lower court upheld the first instance judgment convicting the Defendant of the instant facts charged, on the grounds as indicated in its reasoning, as to the grounds of appeal related to the lower judgment.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment

The Defendant asserts that the lower court did not apply Article 329 of the Criminal Act, but did not apply Article 5-4(5)1 of the Specific Crimes Aggravated Punishment Act, despite that the Defendant was not punished as a repeated offense due to some previous convictions.

However, inasmuch as the Defendant was sentenced to imprisonment not less than three times due to a crime under Article 329 of the Criminal Act, the lower court cannot be deemed to have erroneously applied the statutes solely on the ground that there are grounds for retrial in some previous convictions.

2. As to the Defendant’s grounds of appeal on the grounds of unfair sentencing, the Defendant asserts that Article 383 subparag. 4 of the Criminal Procedure Act, which limits the grounds of appeal on the grounds of unfair sentencing, infringes on the Defendant’s right to trial in violation of the principle

However, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds of appeal on the grounds of unfair sentencing cannot be deemed as a violation of Article 101(2) of the Constitution or an unconstitutional provision contrary to the principle of equality, under which the rights of citizens to be tried by the Supreme Court are stipulated in Article 101(2) of the Constitution or the Supreme Court (see, e.g., Supreme Court Decision 2007Do1808, Apr. 26,

However, according to Article 383 subparagraph 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, on the ground of unfair sentencing.