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 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 punishment

In addition, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds of appeal on the grounds of unfair sentencing belongs to the territory of the legislative authority’s freedom of formation permitted by the legislative authority. Thus, it cannot be deemed as an unconstitutional provision that violates the constitutional provisions that stipulate the right of citizens to be tried by the Supreme

(see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Therefore, we cannot accept the allegation in the grounds of appeal that the above provision is unconstitutional.

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