The appeal is dismissed.

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the defendant argued misunderstanding of facts and misunderstanding of legal principles as well as unfair sentencing on the grounds of appeal, but at the first trial date of the court below, the defendant withdrawn the grounds for appeal by misunderstanding of facts and misunderstanding of legal principles.

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

In addition, the argument that the court below erred by misunderstanding facts about the sentencing grounds or exceeding the sentencing guidelines is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a minor sentence has been imposed against the Defendant, the allegation that the amount of the punishment is unfair does not constitute legitimate grounds for

On the other hand, the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy, and Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of an unfair sentencing, belongs to the territory of the freedom of formation permitted by the legislative authority. Thus, the above provision of the law is not in violation of Article 101 (2) of the Constitution of the Republic of Korea, Article 101 (2) of the Constitution of the Republic of Korea, or Article 383 (4) of the Criminal Procedure Act, or it does not infringe on the fundamental rights of the people (see Supreme Court Decisions 97Do1355 delivered on July 11, 1997, 2007Do1808 delivered on April 26, 2007). The argument that Article 383 subparagraph 4 of the Criminal Procedure Act is unconstitutional is not accepted

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