According to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years is pronounced.

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 appeal.

On the other hand, whether the grounds for appeal in a criminal case may be the grounds for appeal

Article 383 subparag. 4 of the Criminal Procedure Act, which limits the grounds for final appeal on the grounds of an unfair sentencing, is a legislative policy issue, and Article 383 subparag. 4 of the Criminal Procedure Act which limits the grounds for final appeal on the grounds of an unfair sentencing, belongs to the territory of the legislative authority’s freedom of formation permitted by the legislative authority, so the above provision cannot be deemed to be unconstitutional (see Supreme Court Decision 2001Do6138, Feb. 20, 200

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