In light of relevant legal principles and evidence, the lower court did not recognize the excessive defense under Article 21(3) of the Criminal Act, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the facts or by misapprehending the legal doctrine on excessive defense, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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