1. According to the records of the accused case, the accused and the respondent for an attachment order (hereinafter “defendant”) appealed against the judgment of the first instance, and asserted only mental and physical disorder and unreasonable sentencing on the grounds of the appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles cannot be a legitimate ground for appeal.

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning, and it did not err by mistake of facts or misapprehension of legal doctrine

In addition, 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, the determination of the sentence is unreasonable in this case where

In the same purport, the argument that there is an error of misapprehension of legal principles as to the amount of punishment shall not be a legitimate ground for appeal.

2. With respect to a case for which the request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, the grounds of appeal were not submitted.

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