The lower court rejected Defendant’s assertion as to Defendant’s mental disorder on the grounds indicated in its reasoning.

In light of the relevant legal principles and records, the Defendant was in a state of mental or physical loss or mental weakness at the time of committing the instant crime.

Therefore, the lower court did not err by misapprehending the facts or by misapprehending the legal doctrine regarding mental and physical disorder without exhausting all necessary deliberations as to the grounds for mental and physical disorder, as alleged in the grounds of appeal.

In addition, examining various circumstances that are conditions for sentencing as shown in the records, such as the Defendant’s age character and character environment, relationship with the victim, motive, means and consequence of each of the instant crimes, etc., the lower court’s reversal of the judgment of the first instance, which sentenced the Defendant to 12 years of imprisonment, and sentenced the Defendant to 8 years of imprisonment, is extremely unfair.

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