The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

In addition, the argument that the lower court’s determination of sentencing erred by empirical rule and by misunderstanding of legal principles is ultimately unfair.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

Meanwhile, the issue of whether to allow an appeal for any reason in a criminal case is not only a matter of legislative policy but also a matter of the legislative policy, and Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of an 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, Article 101 (2) of the Constitution of the Republic of Korea, or Article 383 (4) of the Criminal Procedure Act, which regulates the rights of the people to be tried by the Supreme Court, or is not a provision which damages the essential contents of fundamental rights (see 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.