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 judgment of the court below erred in the misapprehension of the facts concerning mental and physical weakness is not a legitimate ground for appeal.

Examining various circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age and character environment, relationship with the victim, motive means and consequence of the instant crime, and the circumstances after the crime, etc., it cannot be deemed extremely unfair to maintain the first instance judgment that sentenced the Defendant to 25 years of imprisonment, even in light of the circumstances asserted in the grounds of appeal.

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