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

In addition, since the Constitution does not have any provision concerning the jurisdiction of the Supreme Court except for the provisions of Article 107(2), the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy, and the provisions of Article 383 subparag. 4 of the Criminal Procedure Act restricting the grounds of appeal on the grounds of unfair sentencing belong to the territory of the freedom of formation permitted to the legislative authority. Thus, the provision of the above Act cannot be deemed as a violation of Article 101(2) of the Constitution of the Republic of Korea or the provisions of Article 101(2) of the Constitution or the provisions of Article 383 subparag. 4 of the Criminal Procedure Act or an unconstitutional provision contrary to the principle of equality (see, e.g., Supreme Court Decisions 97Do1355, Jul. 11, 1997; 2007Do1808, Apr. 26, 2007).

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