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. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

In addition, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing belongs to the territory of the legislative authority’s freedom of formation permitted by law. Thus, it cannot be said that the above provision violates Article 27 of the Constitution or the Constitution that limits the right of the people to a trial of

(see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Therefore, we cannot accept the allegation in the grounds of appeal that the above provision is unconstitutional.

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