According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred in the misapprehension of the legal doctrine, omission of judgment, etc. as to mental disorder is not a legitimate ground for appeal, and even if examining the record, it does not seem that the Defendant had a mental disorder at the time of the instant crime.

In addition, the argument that the judgment of the court below is erroneous in the deliberation of sentencing conditions is ultimately unfair.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the Defendant’s punishment is too unreasonable 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.