Considering the circumstances indicated in the record, such as the background of the crime, such as injury resulting from special obstruction of performance of official duties, the behavior of the defendant before and after the crime, the circumstances after the crime, etc., the defendant was in a state that he had the ability to discern things or make decisions at the time of committing the crime, such as injury resulting from special obstruction of official duties

We cannot accept the allegation in the ground of appeal that the lower court erred by misapprehending the legal principles as to mental disorder.

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of the legal principle or the violation of the rules of evidence against normal participation and suspension of execution constitutes an unfair sentencing argument

However, under 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 not less 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 sentencing of the punishment

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