In light of various circumstances such as the background of the instant crime, method of commission of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, which can be revealed by the evidence duly admitted by the lower court, the Defendant was physically and mentally deprived or physically weak at the time of the instant

Therefore, the ground of appeal disputing this cannot be accepted.

In addition, the argument that the judgment of the court below contains an error of law that deviates from the inherent limits of the sentencing discretion due to the misunderstanding of facts as to the basic facts of the sentencing or the failure to deliberate on the circumstances where the sentencing conditions are attached, in violation of the principle of balance of punishment, the principle of responsibility and the principle of equality.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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