According to Article 46(5) and (4) of the Act on Citizen Participation in Criminal Trials, the jury's opinion on sentencing is not binding on the court. Thus, the court below's decision that the court below failed to comply with the jury's opinion in the first instance trial is illegal.

In addition, 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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