Examining the circumstances indicated in the records, such as the background leading up to the instant crime, method of crime, the criminal defendant's act before and after the instant crime, and the circumstances after the crime, etc., it cannot be deemed that the Defendant was in a state of mental and physical disability at the time of the instant crime, and therefore, the lower court did not recognize the Defendant's mental

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 amount of punishment is unreasonable

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