Considering the various circumstances indicated in the record, such as the background of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the crime, the Defendant merely did not appear to have had the ability to discern things or make decisions at the time of the instant crime, but did not appear to have existed in the state of mental disorder

We cannot accept the allegation in the ground of appeal that the lower court erred by misapprehending the legal principles as to mental disorder.

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 more 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 amount of 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.