Where a fine exceeding one million won is imposed in a case of violation of the Public Official Election Act, notwithstanding Article 383 subparagraph 4 of the Criminal Procedure Act, the assertion that an appeal may be filed on the grounds of unfair sentencing shall not be accepted against the language and text of the above Criminal Procedure Act that limits the grounds of appeal on the grounds of unfair sentencing.

In addition, the argument that the judgment of the court below erred by infringing on the essential contents of the principle of balanced punishment or the principle of responsibility beyond a simple illegality of sentencing is ultimately an argument of unfair sentencing.

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 fine is imposed against the Defendants, the allegation that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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