With respect to the jurisdiction of the Supreme Court, the Constitution does not have any provision except for the provisions of Article 107(2). Since the matters concerning the jurisdiction of the Supreme Court other than the above provisions can be appropriately prescribed, the issue of whether to allow a final appeal for any reason in a criminal case is a matter of legislative policy, as well as Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds for final appeal on the grounds of unfair sentencing belongs to the territory of the freedom of formation permitted to the legislative authority. Thus, the provision of the above Act is not in violation of Article 101(2) of the Constitution, Article 101(2) of the Constitution, or Article 383 subparag. 4 of the Criminal Procedure Act, which limits the grounds for final appeal on the grounds of unfair sentencing, or it cannot be deemed as a unconstitutional provision contrary to the principle of equality (see Supreme Court Decision 2007Do1808, Apr. 26, 2007).

In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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