The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act), but the selection and probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The grounds of appeal as to mental disorder are purporting to dispute the fact-finding of the lower court that the Defendant had the ability to discern things or make decisions at the time of committing the instant crime, and that the Defendant did not lack the ability to make decisions, and therefore, it is nothing more than denying the judgment of the lower court on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the records, the lower court did not err in its judgment contrary to logical and empirical rules, contrary to what is alleged in the grounds of appeal.

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.