The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the record, the court below is just in rejecting the defendant's assertion on mental and physical disability based on the circumstances in its reasoning, and the judgment below did not recognize mental and physical disability.

In addition, the argument that the court below sentenced the defendant to a punishment contrary to the principle of balanced sentencing and the principle of liability in determining the punishment for the defendant is ultimately an assertion of unfair sentencing. However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is declared, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where the defendant was sentenced to a minor sentence, the argument that the sentencing of the punishment is unfair is not a legitimate ground for appeal.

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

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