Text
The summary appeal is dismissed.
Reasons
The summary grounds of appeal are examined.
According to Article 372 of the Criminal Procedure Act, a non-permanent appeal may be filed only when the facts recognized by the judgment of the court of first instance are not applicable, when there is an error in the application of statutes, or when there is a abolition, alteration or amnesty of punishment after the judgment of the court of first instance is rendered, and when there is an error in the application of statutes, it refers to the case where the court of first instance misleads the application of statutes on the premise that
(See Supreme Court Decision 2006Do9338 Decided March 15, 2007). However, the reason alleged by a state appointed defense counsel is that the defendant was in a state of mental disorder at the time of committing the instant crime, and the sentencing of the first instance court is unfair. The reason alleged by the defendant is that the court below erred in the misapprehension of legal principles as to the incomplete hearing and the free evaluation of evidence, and it does not constitute a legitimate and weak ground for appeal.
Therefore, the summary appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.