Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the record, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder based on its stated reasoning.
Meanwhile, according to the records, the defendant appealed against the judgment of the first instance, and asserted only unfair sentencing and mental and physical disability as the grounds for appeal.
In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.
Furthermore, even if examining the record, the lower court did not err in its judgment 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, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.