According to the records, the defendant appealed against the judgment of the first instance, and argued mental and physical disorder along with the sentencing unfair on the grounds of appeal, but revoked the grounds for appeal as to mental and physical disorder on the first trial date of the court below.

In such a case, the argument that the defendant was in a mental and physical state at the time of the crime of this case is not a legitimate ground for appeal.

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of the legal principles on the sentencing is ultimately unfair.

However, examining various circumstances, such as the Defendant’s age, criminal records, sex, environment, relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the commission of the crime, there are substantial grounds to recognize that the lower court’s sentencing, which maintained the first instance judgment that sentenced the Defendant to 20 years’ imprisonment with prison labor, is extremely unfair even when considering the circumstances asserted by the Defendant and his defense counsel.

subsection (b) of this section.

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