The appeal is dismissed.

The grounds of appeal are examined.

Article 8-2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be deemed as unconstitutional because Article 8-2(2) is contrary to the purport of the fine system and the principle of responsibility, and is against the judge’s discretion in sentencing, etc. (see Constitutional Court Order 2012HunBa217, Dec. 26, 2013). The grounds of appeal on this issue are rejected.

In addition, the argument that the judgment of the court below contains an error of exceeding the limit of the discretion of sentencing by failing to exhaust all necessary deliberations on the basic facts of sentencing and violating the principle of responsibility and the principle of balance of punishment constitutes an unfair argument of sentencing.

In this regard, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing can be filed only where the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is pronounced. Thus, the argument that the Defendant’s 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.