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 argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law as alleged in the grounds of appeal

Meanwhile, according to the records, the defendant appealed against each judgment of the first instance, and only asserted mental disorder and sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, is not a legitimate ground for appeal, since the Defendant’s assertion that there was no ground for appeal or no ground for judgment by the lower court as the subject of ex officio determination is without merit.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unfair is not legitimate

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