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and asserted mental and physical disability along with the grounds of unfair sentencing as the grounds of appeal, but withdrawn the grounds of appeal for mental and physical disorder during the first trial of the court below and left the grounds of unfair sentencing as the grounds of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

In such a case, the argument that the court below erred in the incomplete hearing on habituality, the illegality in the application of statutes, and the mental and physical disorder are not a legitimate ground for appeal.

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 not less 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

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