The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on murder.

On the other hand, the defendant asserts that the punishment of the court below is excessive, and that limiting the cases where Article 383 subparag. 4 of the Criminal Procedure Act can be deemed as the grounds for appeal on mistake of facts and unreasonable sentencing violates the constitutional provisions and violates the principle of equality.

However, the provision of Article 383 (4) of the Criminal Procedure Act 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 (2)

(see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007). Therefore, the Defendant’s aforementioned assertion is nothing more than the purport that the sentence imposed by the lower court is too unreasonable.

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 is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not legitimate grounds for appeal

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