The appeal is dismissed.

The grounds of appeal are examined.

Of the grounds of appeal, the argument that the defendant was in a state of mental or physical weakness at the time of committing the instant special injury, or that the defendant's act constitutes a legitimate defense is asserted by the defendant as the grounds of appeal or the court below's decision was not subject to judgment ex officio, and it does not constitute a legitimate appeal. Furthermore, even if ex officio examination is conducted, it does not seem that the defendant was in a state of mental or physical weakness or that the defendant's act

In addition, pursuant 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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too 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.