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 as to murder intention, failure to hear, and violation of the rules of evidence, or that the Defendant was in a state of mental or physical disorder at the time of committing the instant special injury and murder cannot be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below did not properly consider matters concerning the defendant's circumstances is an unfair argument in sentencing.

However, examining various circumstances, such as the Defendant’s age character and character intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 16 years of imprisonment and the fine of KRW 3 million, is extremely unfair, even if considering the circumstances asserted by the Defendant and the national defense counsel.

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