The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder based on its stated reasoning is just and there is no error of law by misapprehending the legal principles on mental and physical disorder

In addition, under 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 not less 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 amount of punishment is unreasonable

In addition, Article 383 subparag. 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing is included in the territory of the freedom of formation allowed by the legislative authority. Thus, it cannot be said that the above provision is an unconstitutional provision in violation of Article 101 subparag. 2 of the Constitution, or the constitutional provision

(See Supreme Court Decision 2007Do1808 Decided April 26, 2007). Therefore, the ground of appeal that the above provision is unconstitutional is rejected.

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