The defendant asserts that limiting cases where subparagraph 4 of Article 383 of the Criminal Procedure Act, which may serve as the ground of appeal, is in violation of the Constitution, which stipulates the right of citizens to a trial by the Supreme Court, or Article 101(2) of the Constitution and infringes on fundamental rights.

However, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing cannot be deemed as unconstitutional provisions that violate the Constitution or violate the principle of equality under Article 101 subparag. 2 of the Constitution or the Supreme Court’s right to a trial.

According to Article 383 Subparag. 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed may be appealed on the ground of mistake of facts or unreasonable sentencing.

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below's fact-finding or its punishment is too 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.