폭력행위등처벌에관한법률위반(상습상해)등
The appeal is dismissed.
The grounds of appeal are examined.
Examining the record, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical weakness based on its stated reasoning.
In doing so, there is no error such as failure to examine mental disorder.
In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.
In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair 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.