The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability based on its stated reasoning, and there is no error of misconception of facts or misunderstanding of legal principles as to mental and physical disability.

Meanwhile, the argument that the court below erred in the incomplete hearing in determining the punishment against the defendant constitutes the argument of unfair sentencing.

I would like to say.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where the court below rendered a sentence of death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal by the Supreme Court is not allowed on the grounds that the amount of punishment is unreasonable.

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