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, the determination of the sentence is unreasonable in this case where

The assertion that there is an error of law such as misunderstanding of legal principles as to the method of sentencing, incomplete hearing, omission of judgment, etc. is not a legitimate ground for appeal.

In addition, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing is included in the territory of the freedom of formation allowed by the legislative authority. Thus, it cannot be said that the above provision is an unconstitutional provision in violation of Article 101 subparag. 2 of the Constitution, or the constitutional provision

(see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Therefore, we cannot accept the allegation in the grounds of appeal that the above provision is unconstitutional.

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