The appeal is dismissed.

The grounds of appeal are examined.

In light of the legislative form and content, etc. of the Medical Treatment and Custody Act, it cannot be deemed that the Medical Treatment and Custody Act imposes an obligation on the court to request a medical treatment and custody application. Thus, even if the defendant has a symptoms of alcohol addiction, the first instance court and the lower court do not err in failing to request a medical treatment and custody application to the prosecutor by performing a mental appraisal,

(See Supreme Court Decision 2007Do2119 Decided April 26, 2007). According to Article 383 Subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing is allowed only in a case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed. Thus, in this case where a more minor sentence is imposed against the Defendant, the argument that the amount of punishment is unreasonable 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.