According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

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 sentencing of the

Meanwhile, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds of appeal on the grounds of unfair sentencing is within the territory of the freedom of formation permitted by the legislative authority, and thus, cannot be deemed to violate the Constitution. Thus, the argument that the above provision of the law

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