Examining the circumstances revealed in the records, such as the background leading up to the instant crime, method of crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, it is difficult to view that the Defendant was in a mental and physical state under the influence of alcohol at the time of the instant crime, and therefore, there is no error of law not

The argument that the lower court erred by failing to exhaust all necessary deliberations on the sentencing conditions or by exceeding the inherent limits of the sentencing discretion is an allegation of unfair sentencing. However, pursuant to Article 383 Subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where the lower court rendered a minor sentence 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.