The judgment of the court of first instance indicated in the judgment of the court of first instance is rendered on February 3, 2017.

According to the records, the defendant appealed against the judgment of the first instance, and argued mental and physical disorder along with the sentencing unfair on the grounds of appeal, but withdrawn the grounds for appeal as to mental and physical disorder on the date of the first trial of the court below.

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

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is permitted for an appeal on the grounds of an unfair sentencing. Thus, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the final appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since there is an obvious error in the indication of the judgment of the court of first instance in the judgment of the court below, it is decided to revise it in accordance with Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition by

June 23, 2017