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, pursuant 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, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair does

Meanwhile, the issue of whether to allow an appeal for any reason in a criminal case is not only the issue of legislative policy, but also the issue of Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of unfair sentencing, shall be deemed to belong to the territory of the freedom of formation permitted by the legislative authority. Thus, since the provision of the above Act is not in violation of Article 101 (2) of the Constitution, Article 101 (2) of the Constitution of the Republic of Korea, or Article 383 subparagraph 4 of the Criminal Procedure Act which limits the grounds for appeal on the grounds of unfair sentencing, or it cannot be said that the provision of the above Act is in violation of the Constitution, or that it damages the essential contents of fundamental rights (see Supreme Court Decisions 97Do1355, Jul. 11, 1997; 2007Do1808, Apr. 26,

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