The appeal is dismissed.

The grounds of appeal are examined.

Sentencing guidelines set up by the Sentencing Committee of the Supreme Court in accordance with Article 81-2 of the Court Organization Act are general and objective criteria set up for rational sentencing in criminal trials, so they shall be respected in selecting the types of punishment and determining the sentence, but they shall not have the legal binding force.

(Article 81-7(1) of the Court Organization Act. Therefore, on different premise, the lower court erred in its judgment in determining sentencing factors or in applying sentencing guidelines.

We cannot accept the allegation in the grounds of appeal that there was an error in failing to explain the reasons for sentencing.

In addition, the argument that the court below erred in failing to exhaust all necessary deliberations on the circumstances affecting the sentencing constitutes the allegation of unfair sentencing.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed is allowed to file an appeal on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing

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