Examining the circumstances revealed in the records, such as the background leading up to the instant crime, method of crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, it is difficult to view that the Defendant was in a state of mental disorder at the time of the instant crime, and therefore, there is no illegality of not recognizing mental disorder in the lower judgment.

In addition, the argument that there is an error of law such as misconception of facts or incomplete deliberation as to the circumstances affecting the sentencing is ultimately an argument of unfair sentencing. According to Article 383 subparag. 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 is imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed on the defendant, the above argument to the

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