According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mental and physical disorder along with the grounds for appeal, but withdrawn his claim of mental and physical disorder during the first trial of the court below, and only left the grounds for unfair sentencing as the grounds for appeal.

In this case, the argument that the judgment of the court below was omitted or omitted in the determination is not a legitimate ground of appeal, and it cannot be said that the court below failed to make a decision as to the defendant's mental and physical disorder and omitted the decision.

In addition, pursuant 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 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 punishment is too unreasonable cannot be

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