According to the records, the Defendant appealed against the judgment of the first instance on February 15, 2016, and argued to the effect that the Defendant was in a state of mental disorder at the time of committing the instant crime on the grounds of appeal on February 22, 2016, and the defense counsel asserted unfair sentencing on the grounds of appeal on February 22, 2016. The Defendant and the defense counsel stated each of the above grounds for appeal on the first trial date, and did not clearly withdraw the allegation as to mental and physical disorder while stating the summary of the grounds for appeal as unfair sentencing, and did not clearly withdraw the allegation as to mental and physical disorder. The lower court did not

However, examining the circumstances that led to the instant crime, such as the background leading up to the instant crime, method of commission of the crime, the act of the Defendant before and after the instant crime, and the circumstances after the crime, the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

Since it is difficult to see the above omission of judgment, the above error does not affect the conclusion of judgment.

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