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

In this case, the argument that the court below erred in the misconception of facts or incomplete hearing due to the violation of the rules of evidence cannot be a legitimate ground for appeal.

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., the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions, and does not seem to have been in the state of mental disorder beyond this.

We cannot accept the allegation in the ground of appeal that the lower court erred by misapprehending the legal principles as to mental disorder.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced. Thus, in this case where a more minor sentence is imposed on the defendant, the argument that the sentencing of the lower court is unfair cannot

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