현존건조물방화등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
In light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability based on the circumstances as stated in its reasoning, and there is no violation of law that does not recognize mental and physical disability.
Meanwhile, according to the records, the defendant appealed against the judgment of the court of first instance, and argued the misunderstanding of facts or misapprehension of the legal principle as the grounds for appeal, and revoked the grounds for appeal as to mistake of facts or misapprehension of the legal principle on the third trial date of the court below
In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.
In addition, pursuant to 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 more 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 sentencing of the
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.