According to the records, the defendant appealed against the judgment of the court of first instance, and asserted mental and physical disorder along with the grounds for appeal on the grounds of unfair sentencing, but withdrawal of the grounds for appeal on mental and physical disorder during the first trial of the court below, and left the grounds for appeal only as the grounds for appeal

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without 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 sentencing of the punishment is unfair

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