For the reasons indicated in its holding, the lower court rejected the allegation in the grounds of appeal on this point, recognizing that the Defendant was not in a state of mental disability at the time of the instant crime

The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of the judgment on the evidence selection and probative value of the court of fact-finding which belong to the free judgment of the court of fact-finding, and even if examining the reasoning of the judgment below in light of the evidence duly admitted, the judgment of the court below is not erroneous.

In addition, examining the grounds of appeal alleged by the court below in relation to the grounds of appeal that the court below exceeded the limit of sentencing discretion, the above grounds of appeal are merely the purport of disputeing the sentencing of the court below.

However, pursuant to 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 above assertion and the argument that the sentence of the court below is too unreasonable

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