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 as the grounds for appeal.

In such a case, the argument that the lower court did not recognize a mental disorder is not a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing can be filed only in cases where the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.

On the other hand, it is a matter of legislative policy whether to grant a ground for appeal in a criminal case, and limiting the grounds for appeal on the grounds of unfair sentencing in Article 383 subparagraph 4 of the Criminal Procedure Act belongs to the territory of the freedom of formation recognized by the legislative authority

I would like to say.

(see, e.g., Supreme Court en banc Decision 2001Do6138, Feb. 20, 2003). Therefore, we cannot accept the assertion that the above provision is in violation of the Constitution.

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