The appeal is dismissed.

The grounds of appeal are examined.

When filing an appeal against the judgment of the first instance, the Defendant asserted only unfair sentencing on the grounds of appeal, and the lower court did not ex officio decide on the matters alleged in the grounds of appeal.

In such a case, the argument that the lower court did not recognize mental and physical weakness is not a legitimate ground for appeal.

Meanwhile, since the provision on the aggravation of repeated crimes under Article 35 of the Criminal Code cannot be deemed to violate the principle of equality under the Constitution or the principle of absence of one-day objection, the ground of appeal that the above provision is unconstitutional is rejected.

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