According to the records, the defendant appealed against the judgment of the first instance, and only asserted mental disorder and sentencing for reasons of appeal.

In such a case, the argument that the lower court found the Defendant guilty of the injury among the facts charged in the instant case is not a legitimate ground for appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law that did not recognize mental and physical disorder due to omission

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of the sentence 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.