The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Upon examining the reasoning 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 law such as misconception of facts about mental and physical disability or misunderstanding of legal principles, contrary to

Meanwhile, the argument that the court below erred in the misapprehension of facts as to the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not a legitimate ground for appeal, since the defendant's appeal is the ground for appeal or the court below did not consider it as a subject of ex officio decision.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the Defendant’s 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.