The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the allegation in the grounds of appeal on this point, recognizing that the Defendant was not in a state of mental disability at the time of the instant crime.

The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of the judgment on the evidence selection and probative value of the court of fact-finding which belong to the free judgment of the court of fact-finding, and even if examining the reasoning of the judgment below in light of the evidence duly admitted, the judgment of the court below is not erroneous.

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 sentencing of the

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