The appeal is dismissed.

The grounds of appeal are examined.

According 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 not less 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 sentencing of the punishment

In addition, the issue of whether to allow an appeal for any reason in a criminal case is not only the issue of legislative policy, but also the provision of Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds of appeal on the grounds of 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 or the constitutional provision that regulates the rights of the people subject to a judgment of the Supreme Court, or it is not a provision that damages the fundamental rights (see, e.g., Supreme Court Decisions 97Do1355, Jul. 11, 1997; 2007Do1808, Apr. 26, 2007). Article 383 subparag. 4 of the Criminal Procedure

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