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

In such a case, the argument that the judgment of the court below contains an error of mistake or misapprehension of legal principles as to mental disorder is not a legitimate ground for appeal.

Meanwhile, examining various circumstances that are the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with the victim, motive, means and consequence of the instant crime, etc., the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to 12 years of imprisonment, cannot be deemed extremely unfair.

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