특정범죄가중처벌등에관한법률위반(보복범죄등)등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
In light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability based on the circumstances as stated in its reasoning, and there is no violation of law that does not recognize mental and physical disability.
Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unreasonable
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.