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and asserted mental and physical disorder along with the grounds for appeal on the grounds of unfair sentencing, but withdrawn the grounds for appeal on mental and physical disorder during the third trial of the lower court, and left the grounds for appeal only as the grounds for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

In such a case, the argument that the judgment below erred by mental disorder cannot be a legitimate ground for appeal.

Meanwhile, examining the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age and behavior environment, relationship with the victim, motive, means and consequence of the instant crime, etc., the determination of the lower court’s imprisonment with prison labor for a period of 22 years cannot be deemed to be extremely unfair.

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