According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unfair is not legitimate

In addition, since the Constitution does not have any provision concerning the jurisdiction of the Supreme Court except for the provisions of Article 107 (2), the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy. In addition, Article 383 (4) of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of unfair sentencing, belongs to the territory of the freedom of formation permitted by the legislative authority. Thus, the above provision of the Act is in violation of Article 101 (2) of the Constitution of the Republic of Korea, Article 105 of the Constitution of the Republic of Korea, or Article 383 (4) of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of unfair sentencing, or is unconstitutional in violation of the principle of equality (see, e.g., Supreme Court Decisions 97Do1355, Jul. 11, 1997; 2007Do1808, Apr. 26, 2007).

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