The appeal is dismissed.

The grounds of appeal are examined.

Article 35 of the Criminal Act, which provides for the aggravated punishment of repeated crimes, violates the principle of absence of responsibility and proportionality, or violates the principle of equality, and thus cannot be deemed unconstitutional (see, e.g., Supreme Court Decisions 2006Do1427, Dec. 24, 2008; 2009HunBa63, May 26, 201; etc.). Therefore, the grounds for appeal that the above provision is unconstitutional shall not be accepted.

In addition, the argument that the judgment of the court below is erroneous in the deliberation of sentencing conditions is ultimately unfair.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. As such, in the instant case where a more minor sentence has been imposed against the Defendant, the argument that the Defendant’s punishment is too unreasonable, including the foregoing argument, 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.