The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability for reasons stated in its reasoning, and there is no error of law by misunderstanding the legal principles as to mental and physical disability as alleged in the

In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and argued for misunderstanding of facts with mental and physical disability and unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal concerning mistake of facts on the second trial of the court below.

In such a case, the argument that the lower court erred by misapprehending the legal principles cannot be a legitimate ground for 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 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.