According to the records, the defendant alleged misunderstanding of facts or mental or physical disorder along with the wrongful argument in sentencing in the statement of reasons for appeal, and the court below did not render any judgment on this issue without clearly withdrawing the argument at the trial date of the court below.

However, in full view of the evidence duly admitted by the first instance court maintained by the court below, the defendant can be found to have infringed upon the victim's residence as shown in the facts charged, and the record also reveals that the defendant did not have a mental or physical loss or mental weakness at the time of committing the crime. Thus, the omission of the judgment by the court below does not affect the conclusion

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the amount of punishment is unfair is not a legitimate ground for final appeal.

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