According to the records, the defendant appealed against the judgment of the court of first instance, and only argued the mistake of facts and the misapprehension of the legal principles on excessive defense as the grounds of appeal and unreasonable sentencing.

Therefore, even though the court below did not deliberate or decide on the defendant's mental disorder, it did not err by omitting the necessary judgment of the court below.

Furthermore, in light of various circumstances, such as the background and method of the instant crime, the statement and behavior of the Defendant before and after the instant crime, the circumstances after the instant crime, and the mental condition of the Defendant, it cannot be deemed that the Defendant had a mental and physical state at the time of the instant crime.

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