In light of various circumstances indicated in the record, such as the background of the instant crime, the act of the Defendant before and after the instant crime, the statement and attitude of the Defendant in the investigative agency, etc., it cannot be deemed that the Defendant had a mental and physical state at the

We cannot accept the allegation in the grounds of appeal that the court below erred in incomplete deliberation or misapprehension of legal principles as to mental disorder.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment 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 judgment of the court below erred in incomplete deliberation as to sentencing conditions is unfair is not a legitimate ground for appeal.

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