The appeal is dismissed.

The grounds of appeal are examined.

The argument that the judgment of the court below erred by infringing on the essential contents of the principle of liability with respect to the examination of sentencing and determination of sentencing is ultimately an unfair argument of sentencing.

However, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

And the grounds for appeal in a criminal case are permitted.

Since the legislative policy issues are concerned, the provision of Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds for an unfair appeal for sentencing, belongs to the territory of the freedom of formation permitted by the legislative authority.

The above provision shall not be deemed to violate the Constitution.

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