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, and thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

In addition, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing is included in the territory of the freedom of formation allowed by the legislative authority. Thus, it cannot be deemed as an unconstitutional provision that violates the constitutional provisions that stipulate the right of the people to be tried by

(see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Therefore, we cannot accept the allegation in the grounds of appeal disputing this.

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