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 allowed. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for

Meanwhile, Article 383 subparag. 4 of the Criminal Procedure Act restricting the grounds of appeal on the grounds of unfair sentencing is deemed to fall under the territory of the freedom of formation permitted by the legislative authority. As such, the above provision of the law is in violation of Article 101(2) of the Constitution of the Republic of Korea or Article 101(2) of the Supreme Court’s right to a trial, or cannot be deemed as an unconstitutional provision contrary to the principle of equality (see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Thus, the argument that Article

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