1. According to the records, the defendant appealed against the judgment of the court of first instance, and asserted a mistake of facts and a mental or physical disorder as to the intimidation among the facts charged in the instant case, along with the grounds for appeal, on the date of the first trial of the court below, withdrawn the allegation

In such a case, the argument that the lower court erred in misunderstanding of facts or misunderstanding of legal principles as to the point of the above intimidation is not a legitimate ground for appeal.

2. The defendant re-appellants the claim of mental disorder alleged as the grounds for appeal, and the court below may be deemed to include the purport that the court below omitted the judgment on the claim of mental disorder.

However, examining the circumstances revealed in the records, such as the background leading up to the instant crime, method of crime, the act of the accused before and after the instant crime, and the circumstances after the crime, it is not recognized that the Defendant was in the state of mental disorder or mental disorder at the time of the instant crime. Therefore, the error of omission in the judgment by the court below does not affect the conclusion of the

3. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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