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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the court below erred by exceeding the discretion of sentencing, or that the defendant's punishment is unreasonable is too unreasonable is not a legitimate ground for

In addition, Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds of appeal on the grounds of unfair sentencing, shall not be deemed to violate Article 101 (2) of the Constitution and Article 101 (2) of the Supreme Court Act or to damage the essential contents of fundamental rights, since it is a matter of legislative policy and belongs to the territory of the freedom of formation permitted to the legislative authority.

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