The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

If a judgment that sentenced to imprisonment without prison labor or heavier punishment for a separate crime only after the sentence becomes final and conclusive, the lower court cannot be deemed unlawful in its failure to apply Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do5696, Jan. 12, 2007). Therefore, the ground of appeal that the lower judgment should be reversed on the ground that the above circumstance occurred, cannot be accepted.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed is allowed to be lodged for an unfair ground for sentencing. Thus, 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.