1. According to the records of the case prosecuted, the defendant and the person to whom the attachment order was requested (hereinafter “defendant”) appealed against the judgment of the first instance, and asserted mental and physical disability along with the unreasonable sentencing as the grounds for appeal, but withdrawn the allegation of the grounds for appeal of mental and physical disability during the first trial of the lower court.

In such a case, the argument that the judgment of the court below did not recognize mental disorder or that there was an error of misconception of facts against the rules of evidence cannot be a legitimate ground for appeal.

In addition, considering various circumstances, such as the Defendant’s age and behavior 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 life imprisonment and confiscation, cannot be deemed extremely unfair, even when considering the circumstances asserted by the Defendant.

2. With respect to the case for which the request for attachment order is filed, if the defendant files a final appeal regarding the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

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