The appeal is dismissed.

The grounds of appeal are examined.

The argument that the judgment below erred in the incomplete deliberation of the sentencing grounds is ultimately unfair.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an 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 pronounced. Thus, the argument that a sentence is unreasonable due to the failure of a defendant's punishment is not a legitimate ground for appeal.

In addition, Article 35 of the Criminal Act that provides for aggravated punishment of repeated crimes cannot be seen as violating the principle of liability and the principle of equality, so there is no reason to argue 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.