The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mental and physical disability along with unreasonable sentencing as the grounds for appeal, but withdrawn the grounds for appeal as to mental and physical disorder during the first trial of the court below.

In such a case, the argument that the court below erred in mental disorder or mistake of facts 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 more 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 amount of punishment is unreasonable

Meanwhile, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds of appeal on the grounds of unfair sentencing is deemed to belong to the territory of the freedom of formation permitted to legislative authority. Thus, the above provision of the Act is in violation of the Constitution that provides for the right to a trial or cannot be deemed to be an unconstitutional provision contrary to the principle of equality (see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). The argument that Article 383 subparag. 4 of the Criminal Procedure Act violates the Constitution

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