According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, the judgment of the court below affected the conclusion.

Inasmuch as an appeal may be filed on the grounds that there are significant grounds to recognize the amount of punishment or that the amount of punishment is extremely unfair, in this case where the defendant was sentenced to a more minor punishment, the argument that only the fact-finding of the mental and physical disorder grounds or that the punishment is too unreasonable is not a legitimate ground for appeal.

In addition, the reason alleged by the defendant is not a legitimate ground of appeal under Article 383 of the Criminal Procedure Act.

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