According to Article 46 (5) and (4) of the Act on Citizen Participation in Criminal Trials, the jury's opinion on sentencing is not bound by the court. Thus, it cannot be said that the court below erred by failing to comply with the jury's opinion of the court of first instance in determining the defendant's punishment.

In addition, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the determination of the sentence is unreasonable in this case where

In this regard, the argument that there is an error of law that deviates from the limit of the discretionary authority for sentencing cannot be 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.