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 asserted only unfair sentencing with mental and physical disorder as the grounds for appeal.

In such cases, an appeal shall not be filed with the Supreme Court on the ground that the judgment of the court below erred by mistake of facts.

Meanwhile, examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where a more minor sentence has been imposed on the defendant, an appeal is not allowed to be

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