The lower court rejected Defendant’s assertion as to Defendant’s mental disorder on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding mental disorder or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

Meanwhile, the argument that the participatory trial by the court of first instance was conducted unfairly among the grounds of appeal is not legitimate grounds of appeal, as alleged in the ground of appeal by the defendant, or by the court below not subject to a judgment ex officio.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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