The Defendant appealed against the judgment of the first instance court, and claimed mistake of facts or misapprehension of legal principles as well as unfair sentencing, but withdrawn the grounds for appeal other than unfair sentencing on the first day of the original trial, and the lower court did not consider the matters alleged in the grounds for appeal ex officio

In such a case, the lower court erred by omitting judgment as to the allegation of mental disability.

The assertion that there is an error of misunderstanding of facts or misunderstanding of legal principles concerning a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not a legitimate ground for appeal.

According to 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 is imposed, an appeal may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

In examining the record, the lower court did not err by infringing the Defendant’s right of defense, as otherwise alleged in the grounds of appeal.

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