The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant's assertion of mental and physical disorder along with the statement of grounds of appeal on the grounds of appeal is apparent. The court below held the defendant's grounds of appeal on the grounds of unfair sentencing only as the assertion of unfair sentencing, and dismissed the defendant's appeal without deciding on the assertion of mental and physical disorder.

However, examining the circumstances revealed in the records, such as the background leading to the instant crime, method of crime, the defendant’s act before and after the instant crime, and the circumstances after the crime, it is difficult to view that the Defendant had a mental and physical state at the time of the instant crime, and the omission of judgment by the lower court does not affect the conclusion of the judgment

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more 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 punishment is too unreasonable is not a legitimate

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