In light of various circumstances revealed in the records, such as the background leading up to the instant crime, the Defendant’s act at the time of committing the instant crime, and the circumstances after committing the instant crime, it cannot be said that the instant crime was committed without or weak enough to discern things or make decisions.

The allegation in the grounds of appeal that the judgment below did not recognize mental disorder is not acceptable.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

Other grounds of appeal are not legitimate grounds of appeal as stipulated in Article 383 of the Criminal Procedure Act.

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