The appeal is dismissed.

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and only asserted mental disorder and sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine on the crime of misunderstanding facts and rape cannot be a legitimate ground for appeal.

In addition, the court below's rejection of the defendant's assertion on the mental and physical disorder on the grounds as stated in its reasoning is justified.

There is no error of misunderstanding of facts or misunderstanding of legal principles as to mental disorder.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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