The appeal is dismissed.

The grounds of appeal are examined.

If the appellate court reverses and renders a judgment of the first instance on the grounds that are not included in the grounds for appeal, it shall be deemed that the appellate court determined the grounds for appeal on the grounds of unfair sentencing alleged by the appellant in the process of determining the punishment, and it shall not be deemed that the appellate court omitted the judgment on the grounds that the appellate

(2) According to the records, the court below's judgment of the court of first instance is reversed ex officio on the ground of changes in indictment, and it can be known that the defendant was sentenced to punishment by pleading. Thus, the court below did not separately decide on the grounds for appeal of unfair sentencing of the defendant. Thus, the court below did not err in the misapprehension of the legal principles as otherwise alleged in the grounds for appeal.

In addition, according to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the defendant was in a state of mental disorder or mental retardation at the time of each of the crimes in this case cannot be a legitimate ground for appeal.

In addition, according to 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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