1. The argument that the lower judgment erred by mistake of facts or incomplete deliberation on the circumstances which serve as the conditions for sentencing constitutes the allegation of unfair sentencing.

However, 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 more 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 defendant’s punishment is too unreasonable is not

2. In addition, the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy, and the provision of Article 383 subparagraph 4 of the Criminal Procedure Act that limits the grounds of appeal on the grounds of unfair sentencing belongs to the territory of the freedom of formation permitted to the legislative authority. Thus, the provision of the above Act does not violate Article 101 (2) of the Constitution of the Republic of Korea or the provision of the Constitution that limits the rights of the people

(See Supreme Court en banc Decision 2001Do6138 Decided February 20, 2003, etc.). Accordingly, we cannot accept the allegation that Article 383 Subparag. 4 of the Criminal Procedure Act limits or infringes on the right to a trial under the Constitution or law of the Republic of Korea.

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