The decision of unconstitutionality of the provision of the law applied before the previous offense which is the ground for aggravated aggravation of repeated offense has an effect on the legal effect of such previous offense solely on the ground that review is possible.

As such, the lower judgment that aggravated repeated crimes based on the previous offense is erroneous in violation of the Constitution and laws or there are grounds for the request for retrial.

shall not be deemed to exist.

In addition, 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.