With respect to the jurisdiction of the Supreme Court, the Constitution does not have any provision except the provision of Article 107(2).

The issue of whether or not to allow an appeal for any reason in a criminal case is not only an issue of legislative policy, but also an issue of Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds of appeal on the grounds of unfair sentencing belongs to the territory of the freedom of formation permitted by the legislative authority. As such, the above legal provision cannot be deemed as a violation of Article 101(2) of the Constitution of the Republic of Korea or the constitutional provision that regulates the rights of the people subject to a judgment of the Supreme Court or an unconstitutional provision that violates the principle of equality (see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). The argument that Article 383 subparag.

In addition, pursuant 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 more 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 amount of punishment is unreasonable

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