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of the court of first instance, and asserted mental and physical disorder along with the grounds for appeal, but withdrawn his claim for mental and physical disorder during the first trial of the court below, and only left the grounds for unfair sentencing as the grounds for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

In such cases, the argument that the lower court erred by mistake of facts or omission of judgment with respect to mental or physical disorder shall not be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below did not properly confirm or consider the reasons favorable to the defendant is an unreasonable sentencing argument.

However, according 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 punishment is too unreasonable is not a legitimate

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