In light of various circumstances, such as the background of the instant crime, method of commission of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, which can be seen from the evidence duly admitted by the court below, it is difficult to view that the Defendant was in a state of mental and physical disability beyond that of the instant crime

Therefore, the lower court did not err in its judgment that did not recognize the defect as alleged in the grounds of appeal.

According 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 not less than ten years is imposed, an appeal may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor sentence, the argument that the punishment is too unreasonable 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.