According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.

In addition, considering various circumstances, such as the Defendant’s age character and character intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, the circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 25 years’ imprisonment with prison labor, is extremely unfair, even when considering the circumstances asserted by the Defendant and the national defense counsel.

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