Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
According to the records, the defendant appealed against the judgment of the court of first instance, and asserted only unfair sentencing and mental disability as the grounds for appeal.
In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.
On the other hand, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's assertion on mental and physical disability, and there is no illegality of not recognizing mental and physical disability.
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, and thus, in this case where a fine has been imposed against the defendant, the argument that the punishment is too unreasonable
Other grounds for appeal by the defendant do not constitute legitimate grounds for appeal under each subparagraph of Article 383 of the Criminal Procedure Act.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.