The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just to have rejected the defendant's assertion about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law by misapprehending the legal principles as to mental and physical disorder as

Meanwhile, the argument that the court below erred in the misapprehension of legal principles as to assault and threat in the crime of rape is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not appeal or the court below did not decide ex officio.

Furthermore, even if ex officio examination is conducted, there is no error as alleged in the judgment below.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the Defendant’s punishment 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.