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

Furthermore, with respect to the jurisdiction of the Supreme Court, the Constitution does not have any provision except the provisions of Article 107(2). Since the matters concerning the jurisdiction of the Supreme Court other than the above provisions can be prescribed by the enemy, the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy, and the provisions of Article 383 subparag. 4 of the Criminal Procedure Act restricting the grounds of appeal on the grounds of unfair sentencing belong to the territory of the freedom of formation permitted to the legislative authority. Thus, the above provisions of the law are not in violation of Article 101(2) of the Constitution of the Republic of Korea or the provisions of the Constitution stipulating

(See Supreme Court en banc Decision 2001Do6138 Decided February 20, 2003, etc.). Accordingly, the assertion that Article 383 Subparag. 4 of the Criminal Procedure Act is unconstitutional cannot be accepted.

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