The lower court maintained the first instance judgment, which sentenced the Defendant to 15 years of imprisonment.

Examining various circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age and character environment, relationship with the victim, motive means and consequence of the instant crime, the circumstances after the crime, etc., there are significant grounds to recognize that the determination of the lower court’s punishment is extremely unfair even in light of the circumstances asserted by the national defense counsel.

subsection (b) of this section.

In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued mental and physical disorder along with the sentencing unfair on the grounds of appeal, but withdrawn his claim of mental and physical disorder on the first trial date of the court below.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles 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.