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 is unfair is not legitimate grounds for appeal. Article 383 subparagraph 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing belongs to the territory of the freedom of formation permitted to the legislative authority, and thus, the provisions of the above Act do not violate Article 27 of the Constitution (see Supreme Court Decision 2007Do1808, Apr. 26, 2007). Thus,

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