Examining the circumstances revealed in the records, such as the background leading up to the instant crime, method of crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, it cannot be deemed that the Defendant had a mental and physical state at the time of the instant crime. Therefore, the lower court did not recognize a mental and physical disorder.

In addition, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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