마약류관리에관한법률위반(향정)등
The appeal is dismissed.
The grounds of appeal are examined.
With respect to the jurisdiction of the Supreme Court, the Constitution does not have any provision except for the provisions of Article 107(2), and therefore the matters concerning the jurisdiction of the Supreme Court other than the above provisions can be appropriately prescribed. Thus, the issue of whether to allow an appeal for any reason in a criminal case is a legislative policy issue, and the provisions of Article 383 subparag. 4 of the Criminal Procedure Act which restrict the grounds of appeal on the grounds of unfair sentencing belong to the territory of the freedom of formation permitted by the legislative authority. As such, the provisions of the above Act are not in violation of Article 101(2) of the Constitution of the Republic of Korea or Article 101(2) of the Supreme Court Act or they cannot be deemed as unconstitutional provisions that violate the principle of equality (see Supreme Court Decision 2007Do1808, Apr. 26, 2007). Article 383 subparag. 4 of the Criminal Procedure
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 more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable 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.