1. According to the records on the accused case, the Defendant and the respondent for the attachment order (hereinafter “Defendant”) appealed against the judgment of the court of first instance, and asserted only unfair sentencing on the grounds of appeal.

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

In addition, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

2. The assertion that the attachment order against the defendant for three years is too heavy does not constitute a legitimate ground of appeal as stipulated in each subparagraph of Article 383 of the Criminal Procedure Act.

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