The appeal is dismissed.

The grounds of appeal are examined.

The lower court rejected the Defendant’s claim of mental and physical disability as found guilty of murder and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on mental

The argument that the judgment of the court below erred by misapprehending the legal principles on the method of sentencing review and sentencing determination constitutes the allegation of unfair sentencing.

However, examining various circumstances, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the lower court’s sentence, which maintained the first instance judgment that sentenced the Defendant to 25 years of imprisonment, cannot be deemed extremely unfair even when considering the circumstances asserted by the Defendant.

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