The appeal is dismissed.

The grounds of appeal are examined.

According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground that the judgment of the court below affected the judgment by misunderstanding of a grave fact or that there is a substantial reason to recognize that the amount of punishment has been extremely unfair is limited to a case in which death penalty or imprisonment with or without prison labor for life or for not less than ten years has been pronounced.

In this case where a more minor punishment is imposed on the defendant, the argument that the court below merely contests the recognition of facts or that the amount of punishment is unfair is not a legitimate ground for appeal.

On the other hand, whether the grounds for appeal in a criminal case may be the grounds for appeal

Article 383 subparag. 4 of the Criminal Procedure Act, which limits the grounds for final appeal on the grounds of an unfair sentencing, is a legislative policy issue, and Article 383 subparag. 4 of the Criminal Procedure Act which limits the grounds for final appeal on the grounds of an unfair sentencing, belongs to the territory of the legislative authority’s freedom of formation permitted by the legislative authority, so the above provision cannot be deemed to be unconstitutional (see Supreme Court Decision 2001Do6138, Feb. 20, 200

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