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

Meanwhile, Article 383 subparag. 4 of the Criminal Procedure Act restricting the grounds of appeal on the grounds of unfair sentencing is deemed to fall under the territory of the freedom of formation permitted by the legislative authority. As such, the above provision of the Act is not in violation of Article 101(2) of the Constitution or the Constitution providing the right to a trial of the Supreme Court, or cannot be deemed as an unconstitutional provision contrary to the principle of equality (see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). The argument that Article 383 subparag. 4 of the Criminal Procedure

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