According to Article 372 of the Criminal Procedure Act, a summary appeal may be filed only when the judgment of the court of first instance does not apply to the recognized facts, or when there is a mistake in the application of the statutes, or when there is a abolition, alteration or amnesty of punishment after the judgment of the court of first instance is rendered. The term "when there is an error in the application of the statutes" refers to the case where the court of first instance misleads the application of the statutes on the premise that

(2) Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is unlawful to apply Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes to the instant crime due to a mistake in the determination of habituality. However, such a mistake in the fact-finding of the lower court’s habituality is merely an assertion that the application of the Act was erroneous due to a mistake in the application of the Act on the Aggravated Punishment, etc. of Specific Crimes. Thus, such a ground for appeal is not a legitimate and weak ground for appeal

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