According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts as to the facts and mental and physical disorder cannot be a legitimate ground for appeal.

Examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with the victim, motive, means and consequence of the instant crime, the circumstances after the crime, etc., the lower court’s sentencing that sentenced 16 years to the Defendant cannot be deemed extremely unfair even if considering the circumstances asserted in the grounds of appeal.

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