The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground of appeal.

In addition, pursuant 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 more 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 defendant’s punishment is too unreasonable

Meanwhile, Article 383 subparag. 4 of the Criminal Procedure Act restricting the grounds of appeal on the grounds of unfair sentencing is deemed to fall under the territory of the freedom of formation permitted by the legislative authority. As such, the above provision of the law is in violation of Article 101(2) of the Constitution of the Republic of Korea or Article 101(2) of the Supreme Court’s right to a trial, or cannot be deemed as an unconstitutional provision contrary to the principle of equality (see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Thus, the argument that Article

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