According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unfair is not legitimate

Article 383 subparag. 4 of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of unfair sentencing, shall be deemed as belonging to the territory of the freedom of formation permitted by the legislative authority. Thus, since the above provision of the Act is not in violation of Article 101(2) of the Constitution or the Constitution which provides the right of the people to be tried by the Supreme Court, or it does not infringe on the fundamental rights (see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Thus, the argument that Article 383 subparag. 4 of the Criminal Procedure Act is unconstitutional cannot be accepted.

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