The appeal is dismissed.

The grounds of appeal are examined.

The defendant appealed against the judgment of the first instance, and argued only unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment of the court below did not recognize mental disorder is not a legitimate ground for appeal.

In addition, 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, life imprisonment, or imprisonment with or without prison labor for more 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 appeal.

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

Article 383 (4) of the Criminal Procedure Act, which is a matter of legislative policy and 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.

Therefore, it cannot be said that the above provision violates the provisions of the Constitution concerning the rights of the people to be tried under Article 27 (1) of the Constitution or is an unconstitutional provision contrary to the principle of equality.

The ground of appeal that the above provision is unconstitutional cannot be accepted.

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