The appeal is dismissed.

The grounds of appeal are examined.

The Constitutional Court's decision of unconstitutionality under Article 47 of the Constitutional Court Act is binding only on the law or legal provisions which are subject to it, and it does not extend to other law or legal provisions unless there are special circumstances.

(See Supreme Court Decision 2009Do9576 Decided April 14, 201). The Constitutional Court rendered a decision that “the part concerning Article 329 of the Criminal Act among Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) and the part concerning the attempted crimes under Article 329 of the Criminal Act in Article 5-4(1) of the same Act shall be unconstitutional” (hereinafter “instant decision of unconstitutionality”). As such, the Constitutional Court rendered a decision that “the part concerning Article 329 of the Criminal Act (amended by Act No. 10210, Mar. 31, 2010)” (hereinafter “instant decision of unconstitutionality”), which is a legal provision, shall not affect the decision of unconstitutionality of the instant case.

Furthermore, it cannot be deemed that the legal provision of this case violates the Constitution by stipulating an excessive punishment contrary to the principle of proportionality between responsibility and punishment, or by losing balance in the criminal system and violating the principle of equality.

[See Constitutional Court Order 201Hun-Ba98206, May 31, 2012] The argument in the grounds of appeal that the effect of the decision of unconstitutionality of this case extends to the legal provisions of this case or that the legal provisions of this case are unconstitutional cannot be accepted.

In addition, according 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

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

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