The appeal is dismissed.

The grounds of appeal are examined.

Article 59(1)7, Article 3 subparag. 7, Article 61(1)4 (a), and Article 3 subparag. 10 (a) of the Narcotics Control Act cannot be deemed to infringe on the general right to freedom of action, and the proviso to Article 67 of the same Act cannot be deemed to infringe on the right to freedom of action. Thus, the ground of appeal that the lower court’s application of the law that is unconstitutional is erroneous is rejected.

The argument that the judgment of the court below erred in mistake of facts and incomplete deliberation on sentencing conditions constitutes the argument of unfair sentencing.

However, 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed

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

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