According to the records, since the defendant appealed against the judgment of the court of first instance and claimed only unfair sentencing on the grounds of appeal, the judgment below erred by omitting judgment as to mental and physical disorder as alleged in the grounds of appeal.

subsection (b) of this section.

B. Although examining ex officio the above grounds for appeal, it does not seem that there exists any illegality that could affect the judgment of the court below, as alleged in the above grounds for appeal.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too heavy 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.