The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes in Violation of the Constitution violates the principle of statutory punishment for the crime, the principle of proportionality, the principle of equality, and the principle of prohibition of double punishment.

The proviso of Article 62 (1) of the Criminal Code is against the principle of equality.

Article 32 (1) 3 of the Act on the Organization of Court Organizations infringes on the defendant's right to trial and the sentencing of judges.

B. The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Determination as to the assertion of violation of the Constitution 1) Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to whether Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes is unconstitutional, where a person who has been sentenced not less than three times to imprisonment with labor for an offense under Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or the attempted crime, is punished as a repeated offense, punishment shall be aggravated as follows:

A person who commits a crime under any provision of Articles 329 through 331 of the Criminal Act (including an unclaimed crime) shall be punished by imprisonment with prison labor for not less than two years but not more than twenty years.

“.......”

When comprehensively taking into account the language and text, relevant provisions, and interpretation by the court, etc., the above provision of the Criminal Act can be sufficiently predicted to mean that if a person who has been sentenced not less than three times to imprisonment for a crime under Articles 329 through 331, 333 through 336, 340 and 362 of the Criminal Act, or an attempt to commit a crime under Articles 34 of the Criminal Act, or an attempt to commit a crime under Articles 329 through 331 of the Criminal Act, or an attempt to commit a crime under Articles 329 through 331 of the Criminal Act, is punished without the invalidation of the legal effect of the sentence, the punishment shall be punished by imprisonment for not less than two years but not more than 20 years, and thus,

The above provision of the law is imprisonment with prison labor not less than three times for the actual relationship between the former and the latter and the latter.