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 that limits the grounds of appeal on the grounds of unfair sentencing cannot be deemed as a violation of Article 101(2) of the Constitution or the constitutional provision that limits the rights of citizens to a trial by the Supreme Court or an unconstitutional provision contrary to the principle of equality

(see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Therefore, we cannot accept the allegation in the grounds of appeal that Article 383 Subparag. 4 of the Criminal Procedure Act infringes on the citizens’ right to trial.

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