According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal principles as to the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) is not a legitimate ground for appeal.

In addition, under 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 amount of punishment is unreasonable

Meanwhile, Article 383 subparag. 4 of the Criminal Procedure Act which limits the grounds of appeal on the grounds of unfair sentencing is contrary to Article 101(2) of the Constitution and the constitutional provisions which stipulate the right to a trial of the Supreme Court.

(1) The fundamental rights shall not be deemed to be in violation of the fundamental rights.

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