The argument that the judgment of the court below contains an error of misconception of facts as to the circumstances which are conditions for sentencing is ultimately an unreasonable sentencing argument.

However, 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

Meanwhile, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds of appeal on the grounds of unfair sentencing is included in the territory of the freedom of formation permitted by the legislative authority. Thus, the above provision of the Act is in violation of Article 101(2) of the Constitution of the Republic of Korea or Article 101(2) of the Supreme Court’s right to a trial

(See Supreme Court Decision 2007Do1808, Apr. 26, 2007). Article 383 Subparag. 4 of the Criminal Procedure Act infringes on the defendant’s right to trial.

We cannot accept any argument that it violates the principle of equality.

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