The argument that the defendant at the time of committing the crime of this case had mental or physical loss or mental weakness is the ground for appeal at the court below, or that the court below was not the subject of judgment at its own discretion, and it cannot be a legitimate ground for appeal.

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 is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unfair does not constitute a legitimate appeal.

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