Examining various circumstances that are conditions for sentencing, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of the instant crime, etc., as indicated in the records, it cannot be deemed extremely unfair to maintain the first instance judgment that sentenced the Defendant to 12 years of imprisonment, even in light of the circumstances asserted in the grounds of appeal.

On the other hand, according to the records, the defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the court below erred in incomplete deliberation or omission of judgment on the grounds for mental disorder is not a legitimate ground for appeal.

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