The appeal is dismissed.

The grounds of appeal are examined.

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

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, pursuant to Article 383 subparagraph 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 this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

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.