The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Article 383 subparag. 4 of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of unfair sentencing, shall be deemed to belong to the territory of the legislative authority’s freedom of formation permitted by the above law. Thus, it cannot be deemed that the provisions of the above law violate Article 101(2) of the Constitution or the constitutional provisions that stipulate the rights of the people to be tried by the Supreme Court, or are unconstitutional in violation of the principle of equality (see Supreme Court Decision 2007Do1808, Apr. 26, 2007). Thus, the argument that Article 383 subparag. 4 of the Criminal Procedure Act is unconstitutional is rejected.

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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair does not constitute a legitimate

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