1. Examining the reasoning of the lower judgment on the grounds of Defendant AB’s appeal in light of the evidence duly admitted, the lower court, based on its reasoning, found the Defendant AB guilty of the violation of the Act on the Control of Narcotics, Etc. due to the administration of philopon medication on October 11, 2016, the 16th day of the same month, and the administration of philopon medication by minors, among the facts charged in the instant case, on the grounds indicated in its reasoning.

In so doing, the lower court did not err by misapprehending the legal doctrine on Article 58(1)7 of the Narcotics Control Act, contrary to what is alleged in the grounds of appeal.

In addition, pursuant 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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant AB was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

On the other hand, the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy, and Article 383 subparagraph 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 law is unconstitutional since it does not constitute a provision that damages the essential contents of equality rights (see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Thus, the argument that Article 383 subparagraph 4 of the Criminal Procedure Act is unconstitutional is rejected.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant A, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal on the grounds of unfair sentencing is allowed.

Therefore, against the defendant.