The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant alleged in the statement of grounds for appeal that the crime of this case was committed in a state of mental or physical disorder or mental disorder. On the first trial date of the court below, the above statement of grounds for appeal was stated and the argument as to mental or physical disorder was not clearly withdrawn, but the court below did not determine the defendant's grounds for appeal on the grounds of unfair sentencing

However, in light of various circumstances, such as the background of the instant crime, the method of commission of the crime, the horses and behaviors of the Defendant before and after the crime, the circumstances after the crime, and the mental condition of the Defendant, etc., it is difficult to view that the Defendant was in a state of mental and physical disorder at the time of the instant crime, and such omission of judgment by the lower court

Meanwhile, the argument that the lower court’s determination of sentencing contains an error of incomplete deliberation on basic facts for sentencing constitutes an allegation of unfair sentencing.

However, according 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

In addition, there is no legitimate ground for appeal that the defendant's declaration date is delayed so that it can not be transferred to another correctional institution.

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